United States v. Bajakajian
1998 United States Supreme Court case / From Wikipedia, the free encyclopedia
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United States v. Bajakajian, 524 U.S. 321 (1998), is a U.S. Supreme Court case holding that asset forfeiture is unconstitutional when it is "grossly disproportional to the gravity of the defendant’s offense", citing the Excessive Fines clause of the Eighth Amendment.[1] It was the first time the Court struck down the federal government's "aggressive use of forfeiture"[2] and the only time it has held that an imposed fine was unconstitutional under the Eighth Amendment.
Quick Facts United States v. Bajakajian, Argued November 4, 1997 Decided June 22, 1998 ...
United States v. Bajakajian | |
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Argued November 4, 1997 Decided June 22, 1998 | |
Full case name | United States v. Hosep Krikor Bajakajian |
Citations | 524 U.S. 321 (more) 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 |
Case history | |
Prior | Forfeiture order affirmed, 84 F.3d 334 (9th Cir. 1996); cert. granted, 520 U.S. 1239 (1997). |
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. | |
Court membership | |
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Case opinions | |
Majority | Thomas, joined by Stevens, Souter, Ginsburg, Breyer |
Dissent | Kennedy, joined by Rehnquist, O'Connor, Scalia |
Laws applied | |
U.S. Const. Amend. VIII; 18 U.S.C. § 982(a); 31 U.S.C. §§ 5316(a)(1)(A), 5322(a) |
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