Libretti v. United States, 516 U.S. 29, 11 (1995)

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Cite as: 516 U. S. 29 (1995)

Opinion of the Court

sentence imposed following conviction or, as here, a plea of guilty, and thus falls outside the scope of Rule 11(f). The text of the relevant statutory provisions makes clear that Congress conceived of forfeiture as punishment for the commission of various drug and racketeering crimes. A person convicted of engaging in a continuing criminal enterprise "shall be sentenced . . . to the forfeiture prescribed in section 853." 21 U. S. C. § 848(a) (emphasis added). Forfeiture is imposed "in addition to any other sentence." 21 U. S. C. § 853(a) (emphasis added). See also 18 U. S. C. § 1963 (forfeiture is imposed "in addition to any other sentence" for a violation of the Racketeer Influenced and Corrupt Organizations Act (RICO)). The legislative history of the Comprehensive Crime Control Act of 1984, Pub. L. 98-473, Tit. II, 98 Stat. 1976, also characterizes criminal forfeiture as punishment. See, e. g., S. Rep. No. 98-225, p. 193 (1983) (criminal forfeiture "is imposed as a sanction against the defendant upon his conviction"). Congress plainly intended forfeiture of assets to operate as punishment for criminal conduct in violation of the federal drug and racketeering laws, not as a separate substantive offense.

Our precedents have likewise characterized criminal forfeiture as an aspect of punishment imposed following conviction of a substantive criminal offense. In Alexander v. United States, 509 U. S. 544 (1993), we observed that the criminal forfeiture authorized by the RICO forfeiture statute "is clearly a form of monetary punishment no different, for Eighth Amendment purposes, from a traditional 'fine.' " Id., at 558. Similarly, in United States v. $8,850, 461 U. S. 555 (1983), we recognized that a "criminal proceeding . . . may often include forfeiture as part of the sentence." Id., at 567. And in Austin v. United States, 509 U. S. 602 (1993), we concluded that even the in rem civil forfeiture authorized by 21 U. S. C. §§ 881(a)(4) and (a)(7) is punitive in nature, so that forfeiture imposed under those subsections is subject to the limitations of the Eighth Amendment's Excessive Fines

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