Supreme Court of the United States · Official docket →
Elizabeth Peters Young v. United States
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 20-13091, 20-14377 · judgment July 22, 2024
Before the decision, about 1.8× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and an Eleventh Circuit decision below.
Questions presented
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In Honeycutt v. United States, 581 U.S. 443 (2017), this Court held that under a federal forfeiture statute, a defendant could not be held jointly and severally liable for property that his co-conspirator derived from the crime but that the defendant himself did not “actually acquire.” The first question presented is: Under Honeycutt, can a defendant be ordered to forfeit property that was intended for and ultimately acquired by her co-conspirator, merely because the property temporarily passed through the defendant’s possession on its way to her co-conspirator?
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The federal Anti-Kickback Statute (AKS) prescribes “[c]riminal penalties for acts involving Federal health care programs.” 42 U.S.C. § 1320a-7b. On its face, it does not criminally penalize kickbacks involving private insurers. The second question presented is: Can a defendant who is convicted under the AKS be ordered to forfeit proceeds obtained from private health insurers where such proceeds are not obtained in violation of the statute?
Counsel of record
For petitioner
David Oscar Markus
Markus/Moss
For respondent
D. John Sauer
Solicitor General
Proceedings
- Apr 28 2025Petition DENIED.
- Apr 09 2025DISTRIBUTED for Conference of 4/25/2025.
- Apr 08 2025Reply of petitioner Elizabeth Peters Young filed. (Distributed)
- Mar 24 2025Brief of respondent United States in opposition filed.
- Jan 31 2025Motion to extend the time to file a response is granted and the time is further extended to and including March 24, 2025.
- Jan 30 2025Motion to extend the time to file a response from February 21, 2025 to March 24, 2025, submitted to The Clerk.
- Jan 17 2025Motion to extend the time to file a response is granted and the time is extended to and including February 21, 2025.
- Jan 16 2025Motion to extend the time to file a response from January 22, 2025 to February 21, 2025, submitted to The Clerk.
- Dec 23 2024Response Requested. (Due January 22, 2025)
- Dec 23 2024Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
- Dec 18 2024DISTRIBUTED for Conference of 1/10/2025.
- Dec 16 2024Brief amicus curiae of Cato Institute filed. (Distributed)
- Dec 12 2024Waiver of right of respondent United States to respond filed.
- Nov 19 2024Petition for a writ of certiorari filed. (Response due December 23, 2024)
- Sep 30 2024Application (24A304) granted by Justice Thomas extending the time to file until November 19, 2024.
- Sep 26 2024Application (24A304) to extend the time to file a petition for a writ of certiorari from October 20, 2024 to November 20, 2024, submitted to Justice Thomas.