AMARILLO, Texas — Bart Reagor, through his attorneys, asked the court Monday to keep $1.76 million that prosecutors want him to forfeit in connection to his false statement to a bank conviction in October.
Reagor also asked that the court hold a forfeiture hearing.
Reagor argued in court documents that prosecutors had not proven the $1.76 million they are asking for could be traced back to a crime he committed.
Reagor said prosecutors had only focused on proving he made a false statement to a bank but did not provide proof of a specific amount he obtained.
The FBI already confiscated just less than $1 million from his personal bank account even before charges were filed against him.
Reagor also argued the court should deny the prosecutor’s motion for preliminary forfeiture because it violates the Eighth Amendment. Specifically, the amendment’s ban on excessive fines.
Because the maximum penalty for a false statement to a bank is $1 million, Reagor argued, a forfeiture of $1.7 million is illegal because the amount is nearly twice the maximum fine.