What is the test for forfeiture of personal property when a defendant is convicted of insider trading?

When a defendant is convicted of insider trading, a district court must "order the forfeiture of [a]ny property, real or personal, which constitutes or is derived from proceeds traceable to [the] violation. " United States v. Contorinis , 692 F.3d 136, 145 (2d Cir. 2012) (quoting 18 U.S.C. 981(a)(1)(C) ). Proceeds is defined as "the amount of money acquired through the illegal transactions resulting in the forfeiture, less the direct costs incurred in providing the goods or services." Id. (quoting 18 U.S.C. 981(a)(2)(B) ). Because "[c]riminal forfeiture focuses on disgorgement" of a defendants "ill-gotten gains," the calculation "of a forfeiture amount ... is usually based on the defendants actual gain." Id. at 146 (internal quotation marks omitted). The Government must establish facts supporting a forfeiture amount by a preponderance of the evidence. See United States v. Roberts , 660 F.3d 149, 165 (2d Cir. 2011).