- 8 - marijuana sales proceeds that petitioner purportedly shared with Posey). On appeal, the United States Court of Appeals for the Fourth Circuit affirmed petitioner’s above second conviction, but the Court of Appeals reversed the District Court as to the proper amount subject to criminal forfeiture and held that, under 21 U.S.C. section 853, the Government’s criminal forfeiture against petitioner extended to the entire $1,489,350 gross proceeds that the District Court determined petitioner received from the illegal drug transactions and was not to be reduced by petitioner’s costs nor by amounts shared with co-conspirators. United States v. McHan, 101 F.3d 1027, 1041-1042 (4th Cir. 1996). As a result of petitioner’s criminal convictions, petitioner has been incarcerated since 1989. Petitioner Martha McHan is not implicated in petitioner’s illegal drug transactions. With assets petitioners acquired over the years, petitioners apparently have fully satisfied both criminal forfeiture judgments. For 1985, 1986, and 1987, petitioners’ joint Federal income tax returns were prepared by a professional income tax return preparer based on information provided to him by petitioners and were signed by petitioners and filed with respondent. Thereon, the following adjusted gross income and loss figures for petitioners were reported:Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011