[19980702]98-586_未报告货币运出国家：在美国诉Bajakajian案中没收货币构成了对超额罚款条款的违反.pdf

184 F.3d 334 (9th Cir. 1996).2United States v. Bajakajian, 66 U.S.L.W. 4514 (U.S. June 23, 1998).3117 S. Ct. 1841 (1997).Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS Web98-586 AJuly 2, 1998Failure to Report Transport of Currency Out ofthe Country: Forfeiture of Currency in UnitedStates v. Bajakajian Constitutes a Violation of the Excessive Fines ClausePaul S. Wallace, Jr.Specialist in American Public LawAmerican Law DivisionSummaryOn July 8, 1994, the grand jury in United States v. Bajakajian1 returned a threecount indictment against the defendant. One charged the defendant with violation of 31U.S.C. 5316(a)(1)(A) and 5322(a) for transporting currency of more than $10,000outside of the United States without filing a report with the United States CustomsService. The second count charged the defendant with making a false material statementto the United States Customs Service in violation of 18 U.S.C. 1001. The third soughtthe forfeiture of the $357,144.00 discovered by the Customs Service under 18 U.S.C. 982(a)(1). After the defendant pled guilty to failure to report the currency, the UnitedStates District Court for the Central