United States v. Cathryn M. Simmons, United States of Am. v. Michael L. Fisher, 154 F.3d 765 (8th Cir. 1998). · Go Syfert
United States v. Cathryn M. Simmons, United States of Am. v. Michael L. Fisher, 154 F.3d 765 (8th Cir. 1998). Cases Citing This Book View Copy Cite
82 citation events (70 in the last 25 years) across 20 distinct courts.
Strongest positive: United States v. Terry Christensen (ca9, 2016-07-08)
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 44 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) United States v. Terry Christensen (3×) also: Cited as authority (rule)
9th Cir. · 2016 · quote attribution · 1 verbatim quote · confidence high
codefendants are properly held jointly and severally liable for the proceeds of a rico enterprise.... the government is not required to prove the specific portion of proceeds for which each defendant is responsible.
examined Cited as authority (verbatim quote) United States v. Terry Christensen (3×) also: Cited as authority (rule)
9th Cir. · 2015 · quote attribution · 1 verbatim quote · confidence high
codefendants are properly held jointly and severally liable for the proceeds of a rico enterprise.... the government is not required to prove the specific portion of proceeds for which each defendant is responsible.
discussed Cited as authority (rule) United States v. Abhijit Prasad
9th Cir. · 2021 · confidence medium
In Christensen, we explained that construing the term “proceeds” broadly to include receipts frees the government from “the unreasonable burden . . . of proving net profits” by demonstrating “what the defendant’s overhead expenses were.” Id. (quoting United States v. Simmons, 154 F.3d 765, 771 (8th Cir. 1998)); see also Peters, 732 F.3d at 101 (stating that construing “proceeds” under 18 U.S.C. § 982 (a)(2) to mean profits would incentivize “criminals to employ complicated accounting measures to shelter the profits of their illegal enterprises” (citation omitted)).
discussed Cited as authority (rule) United States v. King
unknown court · 2017 · confidence medium
United States v. Corrado, 227 F.3d 543, 553 (6th Cir. 2000), cert. denied, 537 U.S. 1238 , 123 S.Ct. 1366 , 155 L.Ed.2d 207 (2003), states co-defendants are properly held jointly and severally liable for the proceeds of a RICO enterprise; government is not required to prove the specific portion of proceeds for which each defendant is responsible; such a requirement would allow defendants to mask the allocation of the proceeds to avoid forfeiting them altogether; citing United States v. Simmons, 154 F.3d 765, 769-70 (8th Cir. 1998).
examined Cited as authority (rule) United States v. Terry Honeycutt (4×)
6th Cir. · 2016 · confidence medium
Such a requirement would allow defendants ‘to mask the allocation of the proceeds to avoid forfeiting them altogether.’ ” Id. (quoting United States v. Simmons, 154 F.3d 765, 769-70 (8th Cir.1998) (quoting United States v. Caporale, 806 F.2d 1487, 1508 (11th Cir. 1986))).
discussed Cited as authority (rule) FERGASON VS. LV METRO POLICE DEPT. (2×)
Nev. · 2015 · confidence medium
See Corrado, 227 F.3d at 552 (prior to assigning joint and several liability to RICO coconspirators, district court must determine whether "the facts support a finding of a sufficient nexus between the property to be forfeited and the RICO violation"); Simmons, 154 F.3d at 771 (finding forfeiture proper as to amount district court determined was "achieved through these specific wrongful acts,' but not the total income of the codefendants' public relations firms); cf. United States v. $814,254.76 in U.S. Currency, 51 F.3d 207, 209 (9th Cir. 1995) (discussing federal provision allowing money in …
discussed Cited as authority (rule) FERGASON VS. LV METRO POLICE DEPT.
Nev. · 2015 · confidence medium
See Corrado, 227 F.3d at 552 (prior to assigning joint and several liability to RICO coconspirators, district court must determine whether "the facts support a finding of a sufficient nexus between the property to be forfeited and the RICO violation"); Simmons, 154 F.3d at 771 (finding forfeiture proper as to amount district court determined was "achieved through these specific wrongful acts,' but not the total income of the codefendants' public relations firms); cf. United States v. $814,254.76 in U.S. Currency, 51 F.3d 207, 209 (9th Cir. 1995) (discussing federal provision allowing money in …
discussed Cited as authority (rule) United States v. Aurelio Cano-Flores (2×) also: Cited "see, e.g."
D.C. Cir. · 2015 · confidence medium
Under both 21 U.S.C. § 853 and 18 U.S.C. § 1963 , a similarly-worded forfeiture provision also enacted as part of the Comprehensive Forfeiture Act of 1984, courts have applied Pinkerton principles and characterized the resulting forfeiture calculation as one of “joint and several liability.” See, e.g., United States v. McHan, 101 F.3d 1027, 1042-43 (4th Cir.1996) (noting that the court “generally construe[s] the drug and RICO forfeiture statutes similarly”); United States v. Edwards, 303 F.3d 606, 643-44 (5th Cir.2002); United States v. Corrado, 227 F.3d 543, 553 (6th Cir.2000); Unit…
discussed Cited as authority (rule) Sandra Ford and the Ruby and Annie Smith Family Partnership v. William Ruth, Judgment Creditor
Tex. App. · 2015 · confidence medium
See United States v. Huber, 404 F.3d 1047 , 1056 (8th Cir. 2005); Unite~ States v. Baker, 227 F.3d 955 , 970 (7th Cir. 2000); United States v. Candelaria-Silva, 166 F.3d 19, 42 (lit Cir. 1999); United States v. Simmons, 154 F.3d 765, 769-770 (8th Cir. 1998); United States v. Robilotto, 828 F.2d 940 , 948-949 {2nd Cir. 1987); United Staets v. Navaan-o-Ordas, 770 F.2d 959 , 970 (I I th Cir. 1985); United States v. Conner,. 752 F.2d 566, 575-578 (I Ith Cir. 1985); United States v. Ginsburg, 773 F.2d 798, 800-803 (7th Cir. 1985). 3. 21 U.S.C. § 853 (p) provides that if any property subject to for…
discussed Cited as authority (rule) United States v. Reese
S.D.N.Y. · 2014 · confidence medium
The Peters Court explained that this definition of “proceeds” would serve to punish “all convicted criminals who receive income from illegal activity, not merely those whose activity turns a profit.” Id. (quoting United States v. Simmons, 154 F.3d 765, 771 (8th Cir.1998)).
discussed Cited as authority (rule) Mathison v. Berkebile
D.S.D. · 2013 · confidence medium
In United States v. Williams, the Eighth Circuit acknowledged that under its case law prior to the Supreme Court handing down its decision in Santos “proceeds” was defined as “anything that is the gross receipt of illegal activity.” 605 F.3d 556, 567 (8th Cir.2010) (citing United States v. Simmons, 154 F.3d 765, 770 (8th Cir.1998) (noting that while other circuits have defined the term “proceeds” as alternatively gross revenue or profit, “[w]e think the better view is the one that defines proceeds as the gross receipts of the illegal activity”)).
discussed Cited as authority (rule) United States v. Peters
2d Cir. · 2013 · confidence medium
That is not “punishment.” Moreover, as the Eighth Circuit noted in a case involving forfeiture under the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1963 (a)(3), a broad reading of “proceeds” in the context of criminal forfeiture punishes “all convicted criminals who receive income from illegal activity, and not merely those whose criminal activity turns a profit.” United States v. Simmons, 154 F.3d 765, 771 (8th Cir.1998).
discussed Cited as authority (rule) United States v. Sigillito
E.D. Mo. · 2012 · signal: cf. · confidence medium
He is jointly and severally liable to forfeit the proceeds of the criminal enterprise.” United States v. Elder, 682 F.3d 1065, 1073 (8th Cir.2012); cf. United States v. Simmons, 154 F.3d 765, 769 (8th Cir.1998) (“Codefendants are properly held jointly and severally liable for the proceeds of a RICO enterprise.”).
discussed Cited as authority (rule) United States v. Christopher Elder
8th Cir. · 2012 · confidence medium
As we explained in United States v. Simmons, 154 F.3d 765, 770 (8th Cir.1998), citing Pinkerton v. United States, 328 U.S. 640, 646-47 , 66 S.Ct. 1180 , 90 L.Ed. 1489 (1946), this rule “is in accord with the traditional rules with respect to criminal conspiracy, under which all members of a conspiracy are responsible for the foreseeable acts of co-conspirators taken in furtherance of the conspiracy.” Though Simmons involved a forfeiture under the RICO statute, 18 U.S.C. § 1963 (a)(3), we applied this principle to a forfeiture under 21 U.S.C. § 853 (a)(1) in Van Nguyen, 602 F.3d at 904 .
discussed Cited as authority (rule) United States v. Bobby Williams, Jr.
8th Cir. · 2010 · confidence medium
United States v. Simmons, 154 F.3d 765, 770 (8th Cir. 1998) (noting that while circuits across the country have defined the term "proceeds" as alternatively gross revenue or profit, "[w]e think the better view is the one that defines proceeds as the gross receipts of the illegal activity").
discussed Cited as authority (rule) United States v. Bobby Williams, Jr.
8th Cir. · 2010 · confidence medium
United States v. Simmons, 154 F.3d 765, 770 (8th Cir.1998) (noting that while circuits across the country have defined the term “proceeds” as alternatively gross revenue or profit, “[w]e think the better view is the one that defines proceeds as the gross receipts of the illegal activity”).
discussed Cited as authority (rule) United States v. Hanibal Sonny Crumpler
11th Cir. · 2007 · confidence medium
It matters not that the government received the identical money which the defendants received as long as the amount that was received ... is known.”); United States v. Simmons, 154 F.3d 765, 770 (8th Cir.1998) (noting that under 18 U.S.C. § 1963 , “[defendants ... must forfeit any property constituting, or derived from, any proceeds which the person obtained”) (defining “proceeds” under RICO forfeiture statute as meaning “gross receipts of the illegal activity”).
discussed Cited as authority (rule) United States v. McKay
S.D. Fla. · 2007 · confidence medium
See United States v. Vampire Nation, 451 F.3d 189, 201-02 (3d Cir.2006) (“Given that § 853 does not contain any language limiting the amount of money available in a forfeiture order to the value of the assets a defendant possesses at the time the order is issued, we think it clear that in person-am forfeiture judgment may be entered for the full amount of the criminal proceeds”); United States v. Huber, 404 F.3d 1047 , 1058-59 (8th Cir.2005) (legitimate expenses incurred in acquiring forfeitable funds not deducted from amount to be forfeited even though the money expended is no longer in …
discussed Cited as authority (rule) United States v. Thomas James Hively (2×) also: Cited "see"
8th Cir. · 2006 · confidence medium
United States v. Simmons, 154 F.3d 765, 769-70 (8th Cir. 1998).
discussed Cited as authority (rule) United States v. Thomas James Hively, Also Known as T.J. Hively, United States of America v. Wesley John Ketz (2×) also: Cited "see"
8th Cir. · 2006 · confidence medium
United States v. Simmons, 154 F.3d 765, 769-70 (8th Cir.1998).
discussed Cited as authority (rule) United States v. Duane Huber
8th Cir. · 2005 · signal: cf. · confidence medium
See United States v. Grasso, 381 F.3d 160, 166-69 (3d Cir.2004) (collecting cases and concluding that expenses should not be deducted), vacated on other grounds, — U.S. -, 125 S.Ct. 1696 , 161 *1059 L.Ed.2d 518 (2005); cf. United States v. Simmons, 154 F.3d 765, 770-71 (8th Cir.1998).
discussed Cited as authority (rule) United States v. Duane Huber, United States of America v. Huber Farms, Inc., United States of America v. Huber Farms General Partnership, United States of America v. Duane Huber Huber Farms, Inc. Huber Farmers General Partnership
8th Cir. · 2005 · signal: cf. · confidence medium
See United States v. Grasso, 381 F.3d 160, 166-69 (3d Cir.2004) (collecting cases and concluding that expenses should not be deducted), vacated on other grounds, ___ ___ U.S. ___, 125 S.Ct. 1696 , ___ L.Ed.2d ___ (2005); cf. United States v. Simmons, 154 F.3d 765, 770-71 (8th Cir.1998).
discussed Cited as authority (rule) United States v. Maali
M.D. Fla. · 2005 · confidence medium
United States, v. Hurley, 63 F.3d 1, 21 (1st Cir.1995) (same), United States v. McHan, 101 F.3d 1027, 1041-43 (4th Cir.1996) (same), United States v. Simmons, 154 F.3d 765, 770-71 (8th Cir.1998) (same), with United States v. Scialabba, 282 F.3d 475 (7th Cir.) (proceeds are net profits), cert. denied, 537 U.S. 1071 , 123 S.Ct. 671 , 154 L.Ed.2d 565 (2002), and United States v. Masters, 924 F.2d 1362, 1369-70 (2d Cir.1991) (proceeds are gross profits). 2 By contrast, where the basic meaning of “proceeds” is concerned, courts are generally in accord.
discussed Cited as authority (rule) State Ex Rel. Goddard v. Gravano
Ariz. Ct. App. · 2005 · confidence medium
United States v. Bollin, 264 F.3d 391, 419 (4th Cir.2001); United States v. Corrado, 227 F.3d 543, 558 (6th Cir.2000); United States v. Candelaria-Silva, 166 F.3d 19, 44 (1st Cir.1999); United States v. Simmons, 154 F.3d 765, 769-70 (8th Cir.1998). ¶ 28 For example, in United States v. Saccoccia, 823 F.Supp. 994 (D.R.I.1993), aff’d sub nom.
discussed Cited as authority (rule) United States v. Michael J. Grasso, Jr.
3rd Cir. · 2004 · confidence medium
The First, Fourth, and Eighth Circuits understand the term to mean “gross revenues.” United States v. Hurley, 63 F.3d 1, 21 (1st Cir.1995); United States v. McHan, 101 F.3d 1027, 1041-43 (4th Cir.1996); United States v. Simmons, 154 F.3d 765, 770-71 (8th Cir.1998).
discussed Cited as authority (rule) United States v. Philip Morris USA Inc. (2×)
D.D.C. · 2004 · confidence medium
U.S. v. Simmons, 154 F.3d 765, 769-70 (8th Cir.1998) (finding joint and several liability in RICO conspiracy case because individual liability would allow defendants to “mask the allocation of the proceeds to avoid forfeiting them altogether”).
discussed Cited as authority (rule) United States v. Adrienne Totaro
8th Cir. · 2003 · signal: cf. · confidence medium
United States v. O'Dell, 247 F.3d 655, 679 (6th Cir. 2001); cf. United States v. Simmons, 154 F.3d 765, 770-772 (8th Cir. 1998) (applying de novo review to interpretation of 18 U.S.C. § 1963 (a)(3) and clear error to the district court’s finding of facts).
discussed Cited as authority (rule) United States v. Ronald N. Totaro, Adrienne Totaro, Interested Party-Appellant
8th Cir. · 2003 · signal: cf. · confidence medium
United States v. O’Dell, 247 F.3d 655, 679 (6th Cir.2001); cf. United States v. Simmons, 154 F.3d 765, 770-772 (8th Cir.1998) (applying de novo review to interpretation of 18 U.S.C. § 1963 (a)(3) and clear error to the district court’s finding of facts).
cited Cited as authority (rule) United States v. Timothy Yerkes
8th Cir. · 2003 · confidence medium
United States v. Simmons, 154 F.3d 765, 768 (8th Cir.1998) (quoting U.S. Sentencing Guidelines Manual § 3B1.1, cmt. n. 4).
cited Cited as authority (rule) United States v. Timothy Yerkes
8th Cir. · 2003 · confidence medium
United States v. Simmons, 154 F.3d 765, 768 (8th Cir. 1998) (quoting U.S. -7- Sentencing Guidelines Manual § 3B1.1, cmt. n. 4).
discussed Cited as authority (rule) United States v. Charles I. Covey
8th Cir. · 2000 · signal: cf. · confidence medium
The government has conceded on appeal that Covey is entitled to a hearing on these issues after it completes its forfeiture collections, and that Covey will be entitled 5 See United States v. Pitt, 193 F.3d 751, 765 (3d Cir. 1999); United States v. McHan, 101 F.3d 1027, 1043 (4th Cir. 1996), cert. denied, 520 U.S. 1281 (1997); United States v. Benevento, 836 F.2d 129, 130 (2d Cir. 1988); cf. United States v. Simmons, 154 F.3d 765, 769 (8th Cir. 1998) (conspirators are jointly and severally liable for the proceeds of a RICO offense). -15- to a refund if he has overpaid his forfeiture liability.
discussed Cited as authority (rule) United States of America v. Charles I. Covey (2×)
8th Cir. · 2000 · signal: cf. · confidence medium
See United States v. Pitt, 193 F.3d 751, 765 (3d Cir.1999); United States v. McHan, 101 F.3d 1027, 1043 (4th Cir.1996), cert. denied, 520 U.S. 1281 , 117 S.Ct. 2468 , 138 L.Ed.2d 223 (1997); United States v. Benevento, 836 F.2d 129, 130 (2d Cir.1988); cf. United States v. Simmons, 154 F.3d 765, 769 (8th Cir.1998) (conspirators are jointly and severally liable for the proceeds of a RICO offense).
discussed Cited as authority (rule) United States v. Paul Corrado Jack W. Tocco Vito W. Giacalone Nove Tocco Anthony J. Corrado (2×)
6th Cir. · 2000 · confidence medium
Such a requirement would allow defendants “to mask the allocation of the proceeds to avoid forfeiting them altogether.” United States v. Simmons, 154 F.3d 765, 769-70 (8th Cir.1998); see also United States v. Caporale, 806 F.2d 1487, 1507 (11th Cir.1986) (stating that “joint and several liability is not only consistent with the statutory scheme [of RICO], but in some cases will be necessary to achieve the aims of the legislation”).
discussed Cited as authority (rule) United States v. Brian K. Thompson, Also Known as Brian Keith Thompson
8th Cir. · 2000 · confidence medium
See United States v. Baker, 200 F.3d 558, 562 (8th Cir.2000) (obstruction of justice); United States v. Hernandez, 187 F.3d 806, 808 (8th Cir. *861 1999) (possession of a firearm); United States v. Simmons, 154 F.3d 765, 768 (8th Cir.1998) (role in the offense).
discussed Cited as authority (rule) United States v. Brian K. Thompson
8th Cir. · 2000 · confidence medium
See United States v. Baker, 200 F.3d 558, 562 (8th Cir. 2000) (obstruction of justice); United States v. -7- Hernandez, 187 F.3d 806, 808 (8th Cir. 1999) (possession of a firearm); United States v. Simmons, 154 F.3d 765, 768 (8th Cir. 1998) (role in the offense).
discussed Cited as authority (rule) United States v. Alex Womack
8th Cir. · 1999 · confidence medium
These factors include “the exercise of decision making authority, the nature of participation in the commission of the offense, the recruitment of accomplices, the claimed right to a larger share of the fruits of the crime, the degree of participation in planning or organizing the offense, the nature and scope of the illegal activity, and the degree of control and authority exercised over others.” U.S.S.G. § 3B1.1, comment 4; United States v. Simmons, 154 F.3d 765, 768 (8th Cir. 1998). 9 The district court found that five people were involved in the conspiracy with Womack.
discussed Cited as authority (rule) United States v. Alex E. Womack, Eastern Division
8th Cir. · 1999 · confidence medium
These factors include “the exercise of decision making authority, the nature of participation in the commission of the offense, the recruitment of accomplices, the claimed right to a larger share of the fruits of the crime, the degree of participation in planning or organizing the offense, the nature and scope of the illegal activity, and the degree of control and authority exercised over others.” U.S.S.G. § 3B1.1, comment 4; United States v. Simmons, 154 F.3d 765, 768 (8th Cir.1998).
discussed Cited "see" United States v. Van Nguyen
8th Cir. · 2010 · signal: see · confidence high
See United States v. Simmons, 154 F.3d 765, 769-70 (8th Cir.1998) (holding co-defendants in a RICO enterprise, “in accord with the traditional rules with respect to criminal conspiracies,” were jointly and severally liable for forfeiture).
discussed Cited "see" United States v. Peters
W.D.N.Y. · 2009 · signal: see · confidence high
See United States v. Simmons, 154 F.3d 765 (8th Cir.1998) (corporate form ignored where defendant received bribe through non-defendant corporation); United States v. BCCI Holdings (Luxembourg) S.A., 795 F.Supp. 477, 479 (D.D.C.1992) (assets of defendant’s alter ego corporation found subject to forfeiture); United States v. Segal, 339 F.Supp.2d 1039 , 1050 n. 14 (N.D.Ill.2004) (corporate veil may be pierced for forfeiture purposes if justified by defendant’s conduct).
cited Cited "see" United States v. Rene Garcia, Jr.
8th Cir. · 2000 · signal: see · confidence high
See United States v. Simmons, 154 F.3d 765, 768 (8th Cir. 1998).
discussed Cited "see" United States v. Candelaria-Silva (2×) also: Cited "see, e.g."
1st Cir. · 1999 · signal: see · confidence high
See Simmons, 154 F.3d at 769 .
discussed Cited "see, e.g." United States v. Thorn
2d Cir. · 2011 · signal: see also · confidence medium
While some courts rejected the argument, see United States v. Haun, 90 F.3d 1096, 1101 (6th Cir.1996) (construing “proceeds” in money laundering statute to mean “total revenue” (internal quotation marks omitted)), abrogated by United States v. Santos, 553 U.S. 507 , 128 S.Ct. 2020 ; see also United States v. Simmons, 154 F.3d 765, 770 (8th Cir.1998) (construing “proceeds” as “gross receipts” for purposes of RICO forfeiture statute), the question had not been conclusively decided by this court, see United States v. Monaco, 194 F.3d 381, 385-86 (2d Cir.1999) (stating, in rejectin…
discussed Cited "see, e.g." United States v. Edwards
5th Cir. · 2002 · signal: see also · confidence medium
See United States v. Corrado, 286 F.3d 934 , 937- 38 (6th Cir. 2002) (Corrado II) (holding that a RICO forfeiture verdict may provide for joint and several liability and that conspirators are liable even for proceeds of crimes not part of the conspiratorial enterprise); see also United States v. Simmons, 154 F.3d 765, 769-770 (8th Cir. 1998) (providing for joint and several liability); United States v. Hurley, 63 F.3d 1, 22 (1st Cir. 1995) (same); United States v. Caporale, 806 F.2d 1487, 1507 (11th Cir. 1986) (same).
discussed Cited "see, e.g." United States v. Edwin Edwards Stephen Edwards Cecil Brown Andrew Martin Bobby Johnson
5th Cir. · 2002 · signal: see also · confidence medium
See United States v. Corrado, 286 F.3d 934, 937-38 (6th Cir.2002) (Corvado II) (holding that a RICO forfeiture verdict may provide for joint and several liability and that conspirators are liable even for proceeds of crimes not part of the conspiratorial enterprise); see also United States v. Simmons, 154 F.3d 765, 769-770 (8th Cir.1998) (providing for joint and several liability); United States v. Hurley, 63 F.3d 1, 22 (1st Cir.1995) (same); United States v. Caporale, 806 F.2d 1487, 1507 (11th Cir.1986) (same).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Cathryn M. SIMMONS, Appellant; UNITED STATES of America, Appellee, v. Michael L. FISHER, Appellant
97-4025, 98-1070 and 97-4027.
Court of Appeals for the Eighth Circuit.
Sep 8, 1998.
154 F.3d 765
Alfredo Parrish, Des Moines, Iowa, argued (Michael L. Fisher and Michael P. Joyce, on the brief), for Appellants., Bruce E. Clark, Assistant U.S. Attorney, Kansas City, Missouri, argued, for Appellee.
Arnold, Panner.
Cited by 58 opinions  |  Published
RICHARD S. ARNOLD, Circuit Judge.

A jury convicted Cathryn M. Simmons of twelve bribery violations under 18 U.S.C. § 666(a)(2) (1994), five mail-fraud violations under 18 U.S.C. § 1341 (1994), and one violation of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1962 (1994). The same jury convicted Michael L. Fisher of two bribery violations, one mail-fraud violation, and one RICO violation. Simmons and Fisher now appeal the District Court’s [2] resolution of forfeiture issues, and Simmons also appeals sentencing issues.

I.

On October 31, 1996, a grand jury returned a twenty-six-count indictment against Bob F. Griffin, Cathryn M. Simmons, Mi-ehael L. Fisher, and Steven R. Hurst. At the time, Griffin served as Speaker of the Missouri House of Representatives; Simmons owned and operated several political consulting firms; Fisher was the President of the Greater Kansas City AFL-CIO; and Hurst was a registered lobbyist. App. at 10-11. Count One of the indictment charged that the four defendants and Richard E. Moore, who was a member of the Clay County Commission in Clay County, Missouri, and was not a defendant in this case, were associated with a RICO enterprise, through which Griffin and Moore, in return for bribe payments, obtained consulting contracts for Simmons. App. 11-12. In addition to the RICO violation, the indictment alleged 25 violations of federal bribery and mail-fraud statutes. App. 39-52. The indictment also sought forfeiture of assets from the defendants pursuant to the RICO Act. App. 36-38.

The indictment set forth the racketeering and other charges in the context of five different “schemes.” The first scheme involved the Motor Fuel Tax Bill, which was introduced in the Missouri House of Representatives on January 9, 1992, and which was proposed to increase the state motor fuel tax by six cents a gallon over five years to pay for construction of highways, roads, and bridges in Missouri. Proponents of this legislation included the Heavy Constructors Association of Kansas City and the Associated General Contractors of Missouri, two organizations representing construction companies in Missouri. The indictment alleged that shortly after the introduction of the Motor Fuel Tax Bill, Griffin met with members of the Heavy Constructors Association, the Associated General Contractors, and other construction groups in a hotel in Jefferson City, and recommended that members of the construction industry hire Simmons to assist them in lobbying for the new motor fuel tax. The Heavy Constructors Association and the Associated General Contractors hired Simmons to lobby for the Motor Fuel Tax Bill— which eventually passed the Missouri House[*767] of Representatives — and paid her a total of $264,000 for her efforts. According to the indictment, in February 1994, after the passage of the fuel tax, Simmons gave Griffin two checks for $5,000 each. App. 13-15.

The second scheme alleged in the indictment involved Health Midwest, Inc., a Kansas City corporation which owned and operated hospitals in Missouri and Kansas, and which sought to purchase North Kansas City Hospital, which was owned by the City of North Kansas City, Missouri. To facilitate this sale, Health Midwest hired Richard E. Moore and his public-relations firm, Moore, Sturges and Associates. Moore in turn hired Simmons to aid in the purchase of the hospital, and agreed to pay Simmons $9,200 per month for her services. Around this time, Simmons also entered into a contract with City Management Corporation, a corporation that operated landfills in Missouri, under which Simmons would assist City Management Corporation in establishing a landfill in Clay County, Missouri. According to the indictment, Simmons agreed to forego the $9,200 monthly payment for her work on the hospital purchase in exchange for Moore’s using his position as a Clay County Commissioner to influence the Clay County Commission to approve the establishment of the new landfill. App. 21-23.

The third scheme alleged in the indictment involved the Certificate of Need (CON) Committee, a committee established by Missouri statute to determine the need for health care facilities at different locations in the state. The members of the CON Committee are appointed by the Governor of Missouri, the President Pro Tern, of the Missouri Senate, and the Speaker of Missouri’s House of Representatives. According to the indictment, officials with Health Midwest, Inc., believed that Missouri State Representative Bill Skaggs, a member of the CON Committee appointed by Griffin, was hostile to some of their activities. In August 1992, Griffin, Simmons, Fisher, Hurst, and Moore met and discussed the possibility of Griffin’s removing Rep. Skaggs from the committee. In January 1993, Griffin removed Rep. Skaggs from the CON Committee, allegedly in exchange for a $10,000 check paid to him by Simmons. App. 25-26.

The fourth scheme alleged in the indictment involved a special session of the Missouri legislature called in September 1993, in the wake of heavy flooding that summer, to consider legislation authorizing the Missouri State Highway and Transportation Commission to issue revenue bonds for the construction and repair of highways, roads, and bridges. Griffin suggested to representatives of the Heavy Constructors Association and other members of the construction industry that they hire Simmons as a consultant to work on the proposed revenue bond legislation, and the construction industry representatives followed Griffin’s suggestion. The indictment alleged that in exchange for Griffin’s recommendation, Simmons, through Hurst, paid Griffin’s son, Jeff Griffin, $5,000 to lobby on behalf of the revenue bond bill. App. 28-30.

The final scheme alleged in the indictment involved a Health Care Reform Bill considered by the Missouri legislature in late 1993 and early 1994. The indictment alleged that in January 1994, executives at Blue Cross Blue Shield of Kansas City, a health insurance company, met with Simmons and Fisher and entered into an agreement under which Simmons and Fisher, through Simmons’s public relations firms, would assist them in defeating or substantially amending any health care reform legislation being considered by the legislature. In February 1994, Griffin met with Blue Cross Blue Shield officials at Simmons’s home in Jefferson City to discuss the health care legislation. And in late January and early March, Simmons and Fisher allegedly paid Griffin a total of $41,-000 for his help in advising Blue Cross Blue Shield executives about the pending Health Care Reform BilLApp. 31-33.

After several weeks of trial in May and June 1997, a jury convicted Cathryn Simmons of 18 of the 20 counts against her, including the RICO count. Simmons was acquitted of the bribery count involving the removal of Rep. Bill Skaggs from the CON Committee and the bribery count involving the payment of money to Jeff Griffin for his work on the highway bond bill. Michael[*768] Fisher was convicted of four of the five counts against him, including the RICO count, and was acquitted of the bribery count involving the removal of Rep. Skaggs from the CON Committee. Bob Griffin was acquitted of three of, the counts against him, and the jury was unable to reach a decision on the other six counts, including the RICO count. Steven .Hurst was acquitted of all three counts brought against him.

For purposes of the federal Sentencing Guidelines, Simmons’s offense level was determined to be 29, Criminal History Category I, which has a range of 87 to 108 months’ imprisonment. Fisher’s offense level was 26, Criminal History Category I, which has a range of 63 to 78 months’ imprisonment. However, because Simmons and Fisher both agreed to testify against Griffin at Griffin’s retrial, they each received downward departures below the applicable Sentencing Guidelines pursuant to U.S.S.G. § 5K1.1 (1997). Simmons’s sentence was reduced to 50 months’ imprisonment, with three years of supervised release and a $900 special assessment. Fisher’s sentence was reduced to 39 months’ imprisonment, with three years of supervised release, a $5,000 fine, and a $200 special assessment. The government also sought forfeiture of $366,000 obtained by Simmons and Fisher in violation of RICO, including $264,000 paid to one of Simmons’s consulting firms for a consulting contract related to the 1992 Motor Fuel Tax Bill, and $102,000 paid to- two of Simmons’s other firms for consulting contracts related to the 1994 Health Care Reform Bill. Simmons and Fisher agreed to waive their right to submit any forfeiture issues to the jury and to allow the District Court to decide these issues. In an order filed October 23, 1997, the District Court granted-the government’s motion and ordered forfeiture of $366,000 jointly and severally by Simmons and Fisher.

On appeal, Simmons argues the District Court erred when, for purposes of the Sentencing Guidelines, it found that she was a leader or organizer of a criminal enterprise. Fisher and Simmons also challenge the District Court’s rulings with respect to the forfeiture issues in this ease.

II.

When the District Court calculated Cathryn Simmons’s offense level, she received a four-level increase to her sentence for being “an organizer or leader of a criminal activity” involving five or more participants or which was otherwise extensive. U.S.S.G. § 3Bl.l(a) (1997). [3] In determining whether to enhance a defendant’s sentence under U.S.S.G. § 3B1.1, the sentencing court should consider such factors as “the exercise of decision making authority, the nature of participation in the commission of the offense, the recruitment of accomplices, the claimed right to a larger share of the fruits of the crime, the degree of participation in planning or organizing the offense, the nature and scope of the illegal activity, and the degree of control and authority exercised over others.” U.S.S.G. § 3B1.1, comment 4. This Court has interpreted “organizer or leader of criminal activity” broadly. United States v. Manuel, 912 F.2d 204, 207 (8th Cir.1990). We review a sentencing court’s findings under § 3B1.1, like other findings of fact, for clear error. United States v. Peters, 59 F.3d 732, 734 (8th Cir.1995). Simmons argues not only that a four-level increase was unjustified, but also that she is entitled to a downward departure because her role in the RICO enterprise was minimal.

The District Court’s ruling that Simmons was a leader or organizer of criminal activity, and therefore subject to the four-level increase, was not clearly erroneous. Testimony at Simmons’s trial showed that she was heavily involved with organizing the schemes alleged in the indictment. Rick Moore testified that Simmons attended several meetings in the summer of 1992 with Hurst, Moore, and Fisher to discuss the purchase of the North Kansas City Hospital by[*769] Health Midwest, Inc., and that she organized at least one of these meetings. Trial Tr. at 720-23. John W. Walker- and Larry Chas-tain, executives with Blue Cross Blue Shield of Kansas City, testified that Simmons organized a meeting at her town house in Jefferson City between Hurst, Fisher, Bob Griffin, herself, and Blue Cross Blue Shield officials to discuss the 1994 Health Care Reform Bill, and how Simmons’s public relations firm might represent Blue Cross Blue Shield in lobbying the legislature. Id. at 1529-31, 1631. And Bill Williams, the executive director of the Heavy Contractors Association, testified that Simmons presented to the Missouri Transportation Coalition a handwritten proposal that it employ her firm to work on the Motor Fuel Tax Bill in 1992. Id. at 501. Given this testimony, it was not clear error to hold that Simmons was an organizer of the bribery schemes. In affirming the District Court on this point, we also reject Simmons’s argument that the District Court erred in not granting a downward departure for a minimal role in the RICO enterprise. Her role was anything but minimal.

Much of Simmons’s argument that she did not deserve the four-level enhancement relies on her assertion that Bob Griffin, as an experienced politician and lawyer, was in control of the RICO enterprise and at times directed her actions. This argument ignores the Sentencing Guidelines comment that “[tjhere can, of course, be more than one person who qualifies as a leader or organizer of a criminal association or conspiracy.” U.S.S.G. § 3B1.1, comment 4. Emphasis on the organizational or leadership role of Griffin in the conspiracy does not diminish the fact that, on several occasions, it was Simmons who organized the meetings between herself, Griffin, and corporations like Health Midwest and Blue Cross Blue Shield, that enabled her to procure consulting contracts and continue the bribery schemes.

III.

A.

The District Court ordered forfeiture of $366,000 from Simmons and Fisher, a sum which included $264,000 in proceeds paid by construction and transportation interests for lobbying on the 1992 Motor Fuel Tax, and $102,000 paid by Blue Cross Blue Shield for lobbying on the 1994 Health Care Reform Bill. Fisher argues that the District Court erred when it held him liable for the $264,000 in proceeds associated with the Motor Fuel Tax scheme. While Fisher admits that the evidence at trial showed that he helped Simmons obtain the lobbying contract for the Motor Fuel Tax Bill and later assisted her with the lobbying efforts, Fisher Br. at 18, he maintains that he should not be required to forfeit the relevant proceeds because he was neither indicted for nor convicted of any of the racketeering acts related to the Motor Fuel Tax scheme.

The three individual counts on which Fisher was convicted had nothing to do with the Motor Fuel Tax scheme. He was also convicted, however, on the RICO count, which alleged that all five schemes were part of the illegal enterprise. In addition, the forfeiture portion of the indictment alleged that Fisher was responsible for the $264,000 paid to Simmons’s company as part of the Motor Fuel Tax scheme. The District Court, sitting as the trier of fact by agreement of the parties on forfeiture issues, found that Fisher’s complicity in the Motor Fuel Tax scheme had been established beyond a reasonable.doubt. The RICO statute, alone to our knowledge among federal criminal laws, expressly states that it is to be construed broadly to effect its remedial purpose of combating organized crime. In these circumstances, we see no error in the District Court’s decision to hold Fisher liable for forfeiture of the proceeds associated with the Motor Fuel Tax scheme.

Codefendants are properly held jointly and severally liable for the proceeds of a RICO enterprise. See United States v. Hurley, 63 F.3d 1, 22-23 (1st Cir.1995), cert. denied, 517 U.S. 1105, 116 S.Ct. 1322, 134 L.Ed.2d 474 (1996); United States v. Masters, 924 F.2d 1362 (7th Cir.), cert. denied, 500 U.S. 919, 111 S.Ct. 2019, 114 L.Ed.2d 105 (1991); United States v. Benevento, 836 F.2d 129, 130 (2d Cir.1988) (per curiam); United States v. Caporale, 806 F.2d 1487, 1506-09 (11th Cir.1986), cert. denied, 482 U.S. 917, 107 S.Ct. 3191, 96 L.Ed.2d 679 (1987). The[*770] government is not required to prove the specific portion of proceeds for which each defendant is responsible. Such a requirement would 'allow defendants “to mask the allocation of the proceeds to avoid forfeiting them altogether.” Caporale, 806 F.2d at 1508. In addition, the District Court found that the actions of the other defendants with respect to the Motor Fuel Tax scheme were reasonably foreseeable to Fisher. See Hurley, 63 F.3d at 22 (defendant jointly and severally liable for laundered funds obtained by other members of a RICO conspiracy to the extent that they were reasonably foreseeable to the defendant). Our ruling is in accord with the traditional rules with respect to criminal conspiracy, under which all members of a conspiracy are responsible for the foreseeable acts of co-conspirators taken in furtherance of the conspiracy. See Pinkerton v. United States, 328 U.S. 640, 646-47, 66 S.Ct. 1180, 90 L.Ed. 1489 (1946); Hurley, 63 F.3d at 22.

In this case, after Fisher and Simmons elected to have the District Court render the verdict on the forfeiture issue, the Court found that “funds obtained and used by Simmons in connection with her violation of the RICO statute were reasonably foreseeable to Fisher_” Order at 10. Indeed, Fisher recognizes in his brief that a factfinder could reasonably find that he assisted Simmons in obtaining the contract to work on the Motor Fuel Tax. Fisher Br. at 18. Given Fisher’s knowledge of the funds obtained by Simmons, and his status as a member of the RICO enterprise, we hold him jointly and severally liable for the full $366,000 forfeiture.

B.

Simmons and Fisher also challenge the District Court’s refusal to deduct the direct costs associated with their lobbying efforts from the amount they were required to forfeit because of their participation in the 1992 Motor Fuel Tax Bill scheme. Based on the evidence of costs offered at trial, Simmons and Fisher argue that the costs associated with their lobbying for the Motor Fuel Tax Bill, or $101,787.07, should be deducted from the amount of money Fisher and Simmons received for their work on the Motor Fuel Tax Bill, or $264,000, so that the amount they would forfeit would be $162,-212.93. See Fisher Br. Add. at 1. The District Court refused to deduct any costs associated with lobbying and ordered a forfeiture of the full $264,000.

At the heart of Simmons’s and Fisher’s argument is a disagreement with the District Court and the government over what is meant by the term “proceeds” for purposes of the RICO statute’s forfeiture provisions. Defendants who violate the RICO Act must forfeit “any property constituting, or derived from, any proceeds which the person obtained, directly or indirectly, from racketeering activity....” 18 U.S.C. § 1963(a)(3) (1994). Some courts have interpreted “proceeds” as the gross revenues obtained from illegal activity. See United States v. De-Fries, 129 F.3d 1293, 1313-14 (D.C.Cir.1997); United States v. McHan, 101 F.3d 1027, 1041-42 (4th Cir.1996), cert. denied, — U.S. -, 117 S.Ct. 2468, 138 L.Ed.2d 223 (1997); United States v. Hurley, 63 F.3d 1, 21 (1st Cir.1995), cert. denied, 517 U.S. 1105, 116 S.Ct. 1322, 134 L.Ed.2d 474 (1996). One court has held that “proceeds” means net profits, or the money received from the illegal activity minus the costs of performing the activity. See United States v. Masters, 924 F.2d 1362, 1369-70 (7th Cir.), cert. denied, 500 U.S. 919, 111 S.Ct. 2019, 114 L.Ed.2d 105 (1991). And one court has held that for purposes of calculating “proceeds,” RICO violators may deduct the direct costs of performing illegal contracts from gross receipts, but may not deduct indirect operating expenses and taxes paid on profits. United States v. Lizza Industries, Inc., 775 F.2d 492, 498 (2d Cir.1985), cert. denied, 475 U.S. 1082, 106 S.Ct. 1459, 89 L.Ed.2d 716 (1986).

We think the better view is the one that defines proceeds as the gross receipts of the illegal activity. As noted above, the RICO Act calls for the forfeiture of “any proceeds which the person obtained, directly or indirectly, from racketeering activity....” 18 U.S.C. § 1963(a)(3). The legislative history of the 1984 amendments to RICO states that “the term ‘proceeds’ has been used in[*771] lieu of the term ‘profits’ in order to alleviate the unreasonable burden on the government of proving net profits. It should not be necessary for the prosecutor to prove what the defendant’s overhead expenses were.” S.Rep. No. 225, 98th Cong., 2d Sess. 199 (1984). These statements indicate that Congress meant the word “proceeds” to be read more broadly than merely “profits.” See United States v. Hurley, 63 F.3d at 21. In addition, Congress has explicitly directed that RICO “shall be liberally construed to effectuate its remedial purposes.” Pub.L. No. 91 — 452 § 904(a), 84 Stat. 947 (1970). See Bussello v. United States, 464 U.S. 16, 26, 104 S.Ct. 296, 78 L.Ed.2d 17 (1983) (observing that the RICO statute “was intended to provide new weapons of unprecedented scope for an assault upon organized crime and its economic roots”). Reading the word “proceeds” broadly has the benefit of punishing, through RICO’s forfeiture provisions, all convicted criminals who receive income from illegal activity, and not merely those whose criminal activity turns a profit. See United States v. McHan, 101 F.3d at 1042 (“The proper measure of criminal responsibility generally is the harm that the defendant caused, not the net gain that he realized from his conduct.”).

Simmons and Fisher rely heavily on United States v. Riley, 78 F.3d 367 (8th Cir.1996), for their interpretation of the meaning of “proceeds.” We read Riley more narrowly than do the defendants. In Riley, the RICO defendants, who were accused of bribing state officials and defrauding insurance regulators, appealed a preconviction order appointing a receiver to manage their insurance and finance companies. While there was some evidence that the defendants’ companies had gross receipts of $28 million from 1988 to 1992, the period in which they were accused of engaging in the illegal activity, the government could not identify what property was potentially subject to forfeiture if the defendants were convicted, and could not establish the extent of the defendants’ interests in the companies which the government wanted to put in receivership. Id. at 368-69. In an attempt to save the preconviction restraint order issued by the District Court, the government alleged that it intended to forfeit “at least $28 million,” or the gross receipts of the defendants’ companies over the four-year period. Id. at 371. This Court characterized this argument as “absurd,” noting that under RICO’s forfeiture provisions, “ ‘proceeds’ means something less than the gross receipts of a defendant’s insurance business because an insurer’s gross receipts would include, for example, amounts needed to pay policyholder claims.” Id. The $28 million “gross receipts” referred to in Riley apparently included money obtained through legal activity (e.g., premiums paid by insureds) as well as that obtained through the defendants’ allegedly illegal behavior.

From 1992 to 1994, the period during which Simmons and Fisher took part in the RICO enterprise alleged in the indictment, the gross income of their public relations firms was approximately $4.5 million. See Trial Exhibit 713. The $264,000 sought by the government in this case, however, does not include the total “gross receipts” of these public relations firms during this period. It represents only the money they were paid for lobbying on behalf of the construction industry for the Motor Fuel Tax Bill. The District Court recognized as much when it wrote, “The government clearly has not sought the forfeiture of all proceeds from these defendants!;] they have only sought the gains which were achieved through these specific wrongful acts.” Order at 7. This case is distinguishable from Riley, where the government sought forfeiture of all income from the defendants’ businesses, even that which was obtained through legal means for legitimate purposes. Therefore, because we believe that “proceeds” includes the gross receipts obtained from illegal activity, we hold that the District Court properly forfeited from Simmons and Fisher the $264,000 they obtained for their work on the 1992 Motor Fuel Tax Bill.

C.

Finally, Fisher also argues that because he was not a shareholder or principal in the corporations used by Simmons to engage in the bribery schemes, he should be responsible only for the wages he received from the corporations related to the 1992[*772] Motor Fuel Tax Bill and the 1994 Health Care Reform Bill. In this case, the District Court chose to disregard the corporate legal fiction, writing, “the Court finds that in this case there was no difference between Simmons and Fisher’s actions and the actions of [Simmons’s corporations]. These corporations were used to allow Simmons and Fisher to perpetuate their bribery schemes. In such a case defendants should not be allowed to hide behind the corporate shell of an enterprise engaged in violating the RICO statute.” Order at 6. We agree. At trial, Richard Moore, discussing Fisher’s relationship with Simmons, testified that while Fisher did not receive as much money as he thought he deserved from the work on the Motor Fuel Tax Bill, Fisher worked “as a partner in the business relationship, and he received compensation as a salary.” Trial Tr. at 693. On the basis of that evidence, we hold that the district judge did not err in refusing to allow Fisher to shield himself from criminal forfeiture through the corporate form when, in substance, he was a partner in Simmons’s bribery schemes.

IV.

For the reasons discussed above, the judgment of the District Court is affirmed.

It is so ordered.

2

. The Honorable Dean Whipple, United States District Judge for the Western District of Missouri.

3

. Simmons argues that the sentencing issues must be remanded because the District Court relied on objected-to portions of the Presentence Report with regard to sentencing. Simmons Br. at 5. We disagree. The district judge made clear to Simmons that he was relying on factual information from the Presentence Report and evidence presented at trial, and Simmons did not object. Sentencing Tr. at 9-10.