Mizrahi v. United States

On June 1, 2026, WLF urged the Supreme Court to grant certiorari and overrule Libretti v. United States, which held that the Sixth Amendment does not require a jury to determine the facts necessary for criminal forfeiture. WLF contends that permitting judges to determine facts necessary to impose criminal forfeiture by a mere preponderance of the evidence violates the Sixth Amendment and erodes the jury’s historic role as a check on government power. WLF’s brief was prepared with the generous pro bono support of William Havemann, Kristina Alekseyeva, Natalie Nogueira, Samantha Ilagan, and Jonathan Wampler of Milbank LLP. The Due Process Institute, National Association of Criminal Defense Lawyers, and National Association for Public Defense joined WLF on the brief.