United States v. $132,245.00 in U.S. Currency

Alain Cyr appeals the district court’s decision forfeiting $132,245 for failure to report the currency when crossing the United States border in violation of 31 U.S.C. § 5316 , see 31 U.S.C. § 5317 (c), and for bulk cash smuggling, id. § 5332. Cyr argues the forfeiture constitutes an excessive fine under the Eighth Amendment.

Congress’s enactment of 31 U.S.C. § 5332 , which prohibits the act of bulk cash smuggling, affects the excessiveness analysis in bulk cash smuggling cases. A violation of § 5332, when connected with illegal activity, constitutes a serious crime that inflicts significant harm. See United States v. Del Toro-Barboza, 673 F.3d 1136, 1154 (9th Cir.2012). “Congress has thus tipped the forfeiture equation in favor of the [government] in bulk cash smuggling cases.” United States v. Jose, 499 F.3d 105, 111 (1st Cir.2007). Accordingly, we affirm the district court.

FACTS

Cyr is a Canadian resident. On March 12, 2011, he flew from Montreal to Los Angeles carrying $132,245 in United States currency. Upon arrival in the United States, Cyr failed to report the cash on a customs declaration form. Nine days later, as Cyr drove from Palm Springs to Los Angeles, a…