United States v. Van Rijk

MEMORANDUM

Ivan Van Rijk (“Van Rijk”), a professional jeweler, appeals the district court’s judgment of forfeiture of 847 pieces of jewelry and 370 precious stones valued at $394,000. Van Rijk attempted to transport this merchandise across the border into the United States from Canada without declaring it.

The government seeks forfeiture of the merchandise pursuant to 19 U.S.C. § 1497 . 3 Van Rijk concedes that he violated federal laws requiring that he declare the jewelry and precious stones at the border. Rijk contends, however, that the government’s demand that he forfeit $394,000 worth of merchandise constitutes an excessive fine under the Eighth Amendment to the United States Constitution.

Finding for the government, the district court relied on this circuit’s decision in United States v. $273,969.04 U.S. Currency, Regina A. Puzo, 164 F.3d 462, 466-67 (9th Cir.1999). The district court’s order states that our decision in Puzo “requires that a judgment of forfeiture be entered as to all jewelry and precious stones.” We have jurisdiction pursuant to 28 U .S.C. § 1291, and we affirm.

Our decision in Puzo involved an individual who entered the United States without…