United States v. Hernandez, No. 15-11202 (11th Cir. 2015)
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The government moved the district court for entry of a forfeiture money judgment of $117,659 after defendant pled guilty to theft of government funds. The forfeiture money judgment was in the amount of loss sustained by the Social Security Administration as a result of defendant’s offense. The district court ordered defendant to pay restitution in the amount of $117,659, but denied the government's forfeiture motion. However, the court concluded that the district court erred in denying the motion where civil forfeiture was authorized against defendant for his offense under 18 U.S.C. 981 and the civil forfeiture statute is applicable in this case. Further, the district court could not offset the amount of restitution by the amount subject to forfeiture or consider defendant’s economic circumstances. The district court
was required by law both to grant the forfeiture motion and order full restitution, and it erred when it denied the government’s forfeiture motion on the ground that it had also ordered defendant to pay restitution. The court rejected defendant's double jeopardy argument. Accordingly, the court vacated and remanded.
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