United States v. Hosep Krikor Bajakajian (524 U.S. 321)
U.S. Supreme Court · decided June 22, 1998 · Supreme Court Database (Spaeth)
- Citation
- 524 U.S. 321 · 118 S. Ct. 2028
- Decided
- June 22, 1998
- Term
- October Term 1997
- Vote
- 5–4
- Majority author
- Justice Thomas
- Issue area
- Criminal Procedure
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
- Constitutional ruling
- Federal law held unconstitutional
Opinion excerpt
Justice Thomas delivered the opinion of the Court. Respondent Hosep Bajakajian attempted to leave the United States without reporting, as required by federal law, that he was transporting more than $10,000 in currency. Federal law also provides that a person convicted of willfully violating this reporting requirement shall forfeit to the Government “any property . . . involved in such offense.” 18 U. S. C. § 982(a)(1). The question in this case is whether forfeiture of the entire $857,144 that respondent failed to declare would violate the Excessive Fines Clause of the Eighth Amendment. We hold that it would, because full forfeiture of respondent’s currency would be grossly disproportional to the gravity of his offense. I On June 9,1994, respondent, his wife, and his two daughters were waiting at Los Angeles International Airport to board a flight to Italy; their final destination was Cyprus. Using dogs trained to detect currency by its smell, customs inspectors discovered some $230,000 in cash in the Bajakaji-ans’ checked baggage. A customs inspector approached respondent and his wife and told them that they were required to report all money in excess of $10,000 in their possession or in their baggage. Respondent said that he had $8,000 and that his wife had another $7,000, but that the family had no additional currency to declare. A search of their carry-on bags, purse, and…
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