01-1616 U.S. v. Vera

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“Determining the forfeitable proceeds of an offense does not come within Apprendi’s rule, because there is no ‘prescribed statutory maximum’ and no risk that the defendant has been convicted de facto of a more serious offense. Section 853(a) is open-ended; all property representing the proceeds of drug offenses is forfeitable. Forfeiture has long been a civil remedy as well as a criminal sanction, handled by a preponderance standard in either event – and usually by the judge rather than the jury. See Fed. R. Crim. P. 32.2. Restitution, another open-ended component of both criminal and civil judgments, is not affected by Apprendi because there is no ‘statutory maximum.’ See United States v. Behrman, 235 F.3d 1049 (7th Cir. 2000). Forfeiture is governed by the same principle and thus may be decided by the judge on a preponderance standard. See Edwards v. United States, 523 U.S. 511 (1998).”

Affirmed.

Appeal from the United States District Court for the Northern District of Illinois, Gettleman, J., Easterbrook, J.