United States v. Cohan

MEMORANDUM AND ORDER

BLOCK, Senior District Judge:

It is settled law that restitution and forfeiture may be imposed concurrently. See, e.g., United, States v. Torres, 703 F.3d 194, 202 (2d Cir.2012) (“The imposition of both forfeiture and restitution in this case was proper.”). But the two remedies “as a matter of fact, frequently compete for the same assets of a convicted defendant.” United States v. Rubin, 558 F.Supp.2d 411, 420-21 (E.D.N.Y.2008).

Barry Cohan is currently subject to a forfeiture judgment of $600,000 and a restitution judgment of $607,186. He argues that the government should…