What do you mean nobody is talking about it? Every story I read on this contains some mention of it. Trumps lawyers speak to it in all of the documents they have filed.
The size of the disgorgement comes down to the facts of the case, not the constitutional argument.
If they do end up getting the discouragement amount lowered, I think that is much more likely to them successfully arguing about the facts of the case then about the 8th amendment.
For example, let's say they caught the Bernie Madoff fraud before the financial collapse and he still had a bunch of money in his accounts.
The middle of fraud was like 65 billion or something crazy like that.
It would not be unreasonable to try for a disgorgement of 10, 15, 20 billion.
That would not violate the eighth Amendment.
I think the other arguments they made have better chance of success.
I'm stunned that no one is talking about the 8th amendment; if there ever was an excessive fine, this is definitely it.
What do you mean nobody is talking about it? Every story I read on this contains some mention of it. Trumps lawyers speak to it in all of the documents they have filed.
That's very interesting because I haven't seen but one or two. It's good to know it is being talked about though.
Any Lawfags know of decisions regarding disgorgements being covered under the 8th? I don't think they are, as they aren't a fine, but NAL here.
I think it's hopium.
The size of the disgorgement comes down to the facts of the case, not the constitutional argument.
If they do end up getting the discouragement amount lowered, I think that is much more likely to them successfully arguing about the facts of the case then about the 8th amendment.
For example, let's say they caught the Bernie Madoff fraud before the financial collapse and he still had a bunch of money in his accounts.
The middle of fraud was like 65 billion or something crazy like that.
It would not be unreasonable to try for a disgorgement of 10, 15, 20 billion.
That would not violate the eighth Amendment.
I think the other arguments they made have better chance of success.