NCJ Number
139049
Journal
Criminal Law Bulletin Volume: 28 Issue: 5 Dated: (September-October 1992) Pages: 457-468
Date Published
1992
Length
12 pages
Annotation
Title 18, Section 1467 of the U.S. Code, enacted in 1988, allows the Federal government, with judicial approval, to seize all business assets of a publisher who has been convicted of a single obscenity violation. This author evaluates Section 1467 based on the decision of a Texas Federal district court in United States v. California Publishers Liquidating Corporation (CPLC).
Abstract
CPLC, an adult movie distributor, and two other corporations were found guilty of shipping two obscene videotapes from Los Angeles to Dallas; subsequently, the Justice Department sought forfeitures of all three businesses, based on that conviction. While the original jury found for the government, the district court disagreed with the government's contention that the defendants' remaining videotapes and real property were subject to forfeiture. The court ruled that forfeiture would constitute cruel and unusual punishment by imposing sanctions disproportionate to the offense. The author maintains that the legislative history and intent of Section 1467 supports the court's ruling. Furthermore, because the three defendants were legitimate businesses, the government did not charge them under the Racketeer Influenced and Corrupt Organizations Act (RICO), even though obscenity offenses are proper predictate offenses under the statute. 35 notes