Creed and Gowdy Burns P.A. Wins in the 11th Circuit Court of Appeals

OCT 18

Burns P.A. Wins in the 11th Circuit Court of Appeals

11th Circ. Vacates $1.8M Forfeiture In Tax Return Fraud

The 11th Circuit vacated a $1.8m forfeiture order. The Government had charged a husband and wife for conspiracy and substantive counts of tax return fraud. On appeal, the question was whether it violated the Excessive Fines Clause of the 8th Amendment to enter a $1.8M forfeiture order when the facts established a defendant was responsible for only $600k. After briefing concluded, the Supreme Court decided Honeycutt, which said, for a related forfeiture statute, the Government couldn't do that. Thomas Burns, of Burns P.A., filed a Rule 28(j) letter re: Honeycutt, and the Government confessed error.