United States v. Bajakajian

SCOTUSCase
Litigants=United States v. Bajakajian
ArgueDate=November 4
ArgueYear=1997
DecideDate=June 22
DecideYear=1998
FullName=United States v. Hosep Krikor Bajakajian
USVol=524
USPage=321
Citation=118 S. Ct. 2028; 141 L. Ed. 2d 314; 1998 U.S. LEXIS 4172; 66 U.S.L.W. 4514; 98 Cal. Daily Op. Service 4757; 98 Daily Journal DAR 6736; 1998 Colo. J. C.A.R. 3239; 11 Fla. L. Weekly Fed. S 662
Prior="Forfeiture order affirmed", 84 F.3d 334 (9th Cir. 1996); "cert. granted", 520 U.S. 1239 (1997)
Subsequent=
Holding=Forfeiture of $357,144 for violation of 31 U.S.C. § 5316, requiring reporting of all international movements of currency with value over $10,000, violates the Eighth Amendment's Excessive Fines clause.
SCOTUS=1994-2005
Majority=Thomas
JoinMajority=Stevens, Souter, Ginsburg, Breyer
Dissent=Kennedy
JoinDissent=Rehnquist, O'Connor, Scalia
LawsApplied= U.S. Const. Amend. VIII; 18 U.S.C. § 982(a)(1);
31 U.S.C. §§ 5316(a)(1)(A), 5322(a)
Superseded=
Overruled=

"United States v. Bajakajian", 524 U.S. 321 (1998),ref|citation is a case decided by the Supreme Court of the United States regarding the Excessive Fines clause of the Eighth Amendment. This case is the only occasion on which the Supreme Court has held that an imposed fine was unconstitutional under the Eighth Amendment.

Case history

Hosep Krikor Bajakajian had attempted to leave the United States with $357,144 without reporting this to customs officials as required by 31 U.S.C. § 5316, which requires the reporting of all international movements of currency with value in excess of $10,000. The Government sought forfeiture of the entirety of the $357,144. None of the money was found to have been connected with any other criminal action whatsoever. Bajakaijan was travelling to Cyprus via Italy, and the cash was intended to pay a debt. He was also initially charged with lying to customs, but this charge was dropped.

Bajakajian pleaded guilty to failure to report and opted for a bench trial on the forfeiture of the $357,144. A District Court Judge found the forfeiture of the whole $357,144 to be grossly disproportionate and in violation of the Eighth Amendment. He ordered forfeiture of $15,000 in addition to the maximum fine of $5,000 and three years probation for failure to report. Bajakajian had been eligible for six months in prison, but the Judge did not impose this sentence.

The United States Court of Appeals for the Ninth Circuit affirmed the decision of the District Court, and in fact stated its willingness to go further by ruling that the forfeiture of any of the currency was unconstitutional. Unfortunately for Bajakajian, he had not appealed the forfeiture to the Ninth Circuit, and they were thus unable to set it aside.

upreme Court decision

The case was argued before the Supreme Court on November 4 1997 and decided on June 22 1998. The Opinion of the Court was delivered by Justice Clarence Thomas joined by Justices Stevens, Souter, Ginsburg and Breyer. Justice Anthony Kennedy dissented, joined by Chief Justice Rehnquist and Justices O'Connor and Scalia.

ee also

* List of United States Supreme Court cases, volume 524

External links

* [http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=CASE&court=US&vol=524&page=321 524 U.S. 321] Full text of the opinion courtesy of Findlaw.com.
* [http://www.oyez.org/oyez/resource/case/1117/ Summary of case from OYEZ]