Asset Forfeiture Order
In US v. Kalish, No. 08-3374, defendant's appeal from a final order of asset forfeiture in a mail and wire fraud prosecution, the court affirmed the order where 1) a money judgment was properly entered for the amount of the forfeiture; 2) both the forfeiture and the restitution remedies were properly imposed, and 3) while there may arise a subsequent claim to have the forfeiture amount reduced by any amounts of restitution actually paid, any such reduction was not available at this time.
As the court wrote: "This opinion concerns issues relating to remedies of forfeiture and restitution in a criminal case. The principal issues are whether a money judgment may enter with respect to a forfeiture order, and the relationship, if any, between forfeiture and restitution amounts. These matters arise on an appeal by Leonard Kalish from the November 24, 2009, final order of forfeiture of the United States District Court for the Southern District of New York, (Robert P. Patterson, District Judge)."