United States v. Hosep Krikor Bajakajian, Aka: Joe Bajakajian

The United States appeals the decision of the district court following the defendant’s guilty plea to failure to report currency in violation of 31 U.S.C. § 5316 (a)(1)(A). 1 Specifically, the United States appeals the district court’s determination that the defendant was required to forfeit only $15,000 of the $357,144 at issue. 2 We affirm the decision of the district court.

I. Factual and Procedural Background

On June 9, 1994, Bajakajian was attempting to board an Alitalia Airways flight leaving Los Angeles, destined for Cyprus. While Bajakajian was waiting to board his flight, U.S. Customs discovered approximately $140,000 concealed in four pieces of Bajakaji-an’s checked luggage and $90,000 concealed in a false bottom of one of his bags. After discovering the hidden currency, a Customs inspector stopped the defendant and his family at the airport and informed them that they were required to report all money in both their personal possession and baggage which exceeded $10,000, irrespective ■ of whether the money belonged to them. Baja-kajian told the Customs inspector that he had $8,000 with him and that his wife had an additional $7,000. Bajakajian informed the inspector…

concurring:

The majority takes our dicta in United States v. $69,292.00 in U.S. Currency, 62 F.3d 1161 (9th Cir.1995) ($69,292), to an illogical extreme. In so doing, the majority strikes down a portion of 18 U.S.C. § 982 (a)(1), thereby unduly limiting the government’s forfeiture powers. I agree only with the majority’s ultimate decision to affirm the $15,000 forfeiture. Because I would do so for entirely different reasons, I concur in result only.

We are not bound by the dicta in $69,292. In $69,292, we explained the analysis used to determine whether a forfeiture violates the Eighth Amendment. $69,292, 62 F.3d at 1166-67, citing United States v. Real Property Located in El Dorado County, 59 F.3d 974 (9th Cir.1995) (El Dorado). To satisfy the Eighth Amendment’s prohibition against excessive fines, forfeited property must be instrumental to the crime and proportional in value to the culpability of the owner. El Dorado, 59 F.3d at 982 . In $69,292, the district court did not analyze the forfeiture in terms of our intervening decision in El Dora-do. Thus, we remanded to enable the district court to make appropriate findings. $69,292, 62 F.3d at 1168.

The majority would read…

84 F.3d 334 64 USLW 2754 , 96 Cal. Daily Op. Serv. 3520 , 96 Daily Journal D.A.R. 5743 UNITED STATES of America, Plaintiff-Appellant, v. Hosep Krikor BAJAKAJIAN, aka: Joe Bajakajian, Defendant-Appellee. No. 95-50094. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 6, 1996. Decided May 20, 1996. Ronald L. Cheng, Assistant United States Attorney, Los Angeles, California, for the plaintiff-appellant. James E. Blatt, Encino, California, for the defendant-appellee. Ronald L. Cheng, Asst. U.S. Atty., Los Angeles, CA, for plaintiff-appellant. James E. Blatt, Encino, CA, for defendant-appellee. Appeal from the United States District Court for the Central District of California; John G. Davies, District Judge, Presiding. Before: WALLACE, FERGUSON, and T.G. NELSON, Circuit Judges. FERGUSON, Circuit Judge: 1 The United States appeals the decision of the district court following the defendant's guilty plea to failure to report currency in violation of 31 U.S.C. § 5316 (a)(1)(A). 1 Specifically, the United States appeals the district court's determination that the defendant was required to forfeit only $15,000 of the $357,144 at issue. 2 We affirm the decision of…