United States v. $273,969.04 U.S. Currency
Opinion
Lead Opinion
Claimant Regina Puzo appeals summary judgment in favor of the United States in its civil, suit seeking forfeiture of $273,969.04 in currency pursuant to 31 U.S.C. § 5317 , and *464 four pieces of jewelry valued at $117,500.00 pursuant to 19 U.S.C. § 1497 . Puzo contends the forfeitures violate the Double Jeopardy Clause and the Excessive Fines Clause. We affirm the district court’s holding that neither forfeiture violates the Double Jeopardy Clause. We vacate the district court’s holding that the currency forfeiture under § 5317 does not violate the Excessive Fines Clause and remand. We affirm the district court’s holding that the jewelry forfeiture under § 1497 does not violate the Excessive Fines Clause.
I.
A search of Puzo at the Los Angeles International Airport disclosed she was carrying $266,203.00 in U.S. currency and 5,720 in British pounds and four pieces of jewelry concealed on her person. Puzo was charged with failure to comply with monetary transaction reporting requirements ( 31 U.S.C. § 5322 ) and making a false statement to a customs official ( 18 U.S.C. § 1001 ). She pled guilty to the 18 U.S.C. § 1001 charge and was sentenced.