No. 19-7259

John Afriyie v. United States

Lower Court: Second Circuit
Docketed: 2020-01-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: apprendi-rule apprendi-v-new-jersey criminal-forfeiture due-process insider-trading jury-trial libretti-v-united-states sixth-amendment
Key Terms:
Securities
Latest Conference: 2020-02-21
Question Presented (from Petition)

In this insider trading case, the court of appeals affirmed a sweeping criminal forfeiture judgment encompassing all potential trades combined in a single count, even though the jury returned only a general verdict beyond a reasonable doubt and was expressly told it could convict on one trade alone. Should this Court address (i) the conflicts between the decision below and other courts of appeal holding that criminal forfeiture statutes require that forfeiture only be based on convicted conduct found by the jury and (ii) whether this Court should also extend the Sixth Amendment right to trial by jury, as expounded after Apprendi v. New Jersey, 530 U.S. 466 (2000), to criminal forfeiture cases, and if need be, overrule the Court's pre-Apprendi decision in Libretti v. United States, 516 U.S. 29, 48-49 (1995)?

Question Presented (AI Summary)

Whether the court of appeals erred in affirming a criminal forfeiture judgment encompassing all potential trades despite a general jury verdict and the jury being told it could convict on one trade alone

Docket Entries

2020-02-24
Petition DENIED.
2020-01-30
DISTRIBUTED for Conference of 2/21/2020.
2020-01-23
Waiver of right of respondent United States to respond filed.
2020-01-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 12, 2020)

Attorneys

John Afriyie
Robert Alan CulpAttorney at Law, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent