Filed June 7, 2013
The factors are: (1) whether the defendant falls into the class of persons at whom the criminal statute was principally directed; (2) other penalties authorized by the legislature (or the Sentencing Commission); and (3) the harm caused by the defendant. See also, United States v. Heldeman, 402 F.3d 220, 223 (1st Cir. 2005), (citing Bajakajian). The ultimate test is whether the forfeiture is grossly disproportional to the gravity of a defendant's offense.