United States v. Busher
United States Court of Appeals for the Ninth Circuit
817 F.2d 1409 (1987)
- Written by Steven Pacht, JD
Facts
James Busher (defendant) owned 92 percent of ATL, Inc., and owned J.W. Construction Company (J.W.). ATL’s main customer was the United States Department of Defense, with which ATL had 14 contracts worth approximately $27 million. Busher used J.W. as a fictitious subcontractor in connection with three ATL defense contracts worth approximately $335,000. Busher was convicted of, among other things, violating the Racketeer Influenced Corrupt Organizations Act (RICO) by submitting false income tax returns. Pursuant to RICO, the district court ordered the forfeiture of Busher’s entire interest in ATL, J.W., and certain Nevada real estate. Busher appealed, arguing that (1) RICO charges based on fraudulent tax returns were improper because RICO did not list tax fraud as a predicate act and (2) the forfeiture was so grossly disproportionate to his crimes as to violate the Eighth Amendment to the United States Constitution.
Rule of Law
Issue
Holding and Reasoning (Kozinski, J.)
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