Supreme Court of the United States · Official docket →
Pavel Ivanovich Lazarenko v. United States
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-10225, 21-10250 · judgment September 12, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
In 18 U.S.C. § 982, which incorporates portions of 21 U.S.C. § 853, Congress established procedures governing criminal forfeiture of a person’s property. Congress created a distinction between “tainted” property that is derived from criminal activity and “untainted” property that is not. The statute affords property owners additional protections before the government can forfeit untainted property. The Third, Fifth, and Tenth Circuits have honored the distinction between tainted and untainted property. Under their precedents, untainted property can only be substituted to satisfy a criminal forfeiture judgment when tainted property becomes unavailable to satisfy the judgment. The Ninth Circuit below disagreed. Joining the First Circuit, it held that either tainted or untainted property may be forfeited as substitute property. This case presents an ideal vehicle to address this Circuit split and resolve two significant questions: Whether property can be forfeited as substitute property under § 853(p) without first determining whether it is tainted or untainted. Whether untainted property can be forfeited when tainted property is available.
Counsel of record
For petitioner
Matthew Nis Leerberg
Fox Rothschild LLP
For respondent
Brian Halligan Fletcher
Department of Justice
Proceedings
- Jun 12 2023Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition. See 28 U.S.C. §455(b)(3) and Code of Conduct for U.S. Judges, Canon 3C(1)(e) (prior government employment).
- May 23 2023DISTRIBUTED for Conference of 6/8/2023.
- May 18 2023Reply of petitioner Pavel Ivanovich Lazarenko filed.
- May 03 2023Brief of respondent United States in opposition filed.
- Mar 28 2023Motion to extend the time to file a response is granted and the time is further extended to and including May 3, 2023.
- Mar 27 2023Motion to extend the time to file a response from April 3, 2023 to May 3, 2023, submitted to The Clerk.
- Feb 24 2023Motion to extend the time to file a response is granted and the time is extended to and including April 3, 2023.
- Feb 22 2023Motion to extend the time to file a response from March 3, 2023 to April 3, 2023, submitted to The Clerk.
- Feb 01 2023Response Requested. (Due March 3, 2023)
- Jan 25 2023DISTRIBUTED for Conference of 2/17/2023.
- Jan 19 2023Waiver of right of respondent United States to respond filed.
- Jan 10 2023Petition for a writ of certiorari filed. (Response due February 13, 2023)
- Dec 08 2022Application (22A498) granted by Justice Gorsuch extending the time to file until January 10, 2023.
- Dec 02 2022Application (22A498) to extend the time to file a petition for a writ of certiorari from December 11, 2022 to February 9, 2023, submitted to Justice Gorsuch. (Justice Kagan is recused.)