Kenneth Rijock

Kenneth Rijock

Monday, November 19, 2018

WAKED FILES HIS BRIEF OF APPELLEE IN FORFEITURE JUDGMENT APPEAL




 Attorneys for Nidal Waked Hatum, a reputed principal in the Panamanian Waked Money Laundering Organization, who pled to money laundering conspiracy, and received 27 months, but the Court declined to enter a final judgment of forfeiture, because the victim bank did not sustain a monetary loss.  Thereafter, the Government appealed.

In his brief, Waked's counsel framed these issues:

(1) The trial judge properly applied the law.
(2) Money judgments cannot extend Forfeiture beyond the property involved in the offense.
(3) The mandatory nature of criminal forfeiture does not mean that there remains property subject to forfeiture in every case.
(4) The trial court did not  misapply the Plea Agreement.
(5) The requested forfeiture judgment would be constitutionally excessive under the Eighth
 Amendment.

The Government has requested Oral Argument.
 

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