District Judge Sidney H. Stein
The court, on remand from the 2nd Circuit, considered the propriety of restitution and forfeiture orders against defendant, arising from his conviction on 9 counts of robbery and firearm offenses that resulted in the theft of over $75,000 in cash and property. Defendant allegedly used part of his cut to purchase a vehicle–which was seized following defendant’s arrest. Defendant was ordered to pay restitution, in addition to forfeiture of $75,000 and the vehicle, which the court found to be fruit of the crime. The government admitted it erroneously failed to submit a preliminary order of forfeiture or list of amounts due to victims. Although the parties later agreed upon restitution, defendant challenged the amount and timing of the proposed forfeiture, arguing that he could not be held jointly and severally liable for property derived by his codefendants and was limited to forfeiture of only the property he received from their crimes. The court rejected defendant’s argument, ruling that joint and several liability was imposed because all the proceeds were in defendant’s control at some point. The court further ruled that the government’s untimeliness did not preclude a forfeiture order.