U.S. v. Malewicka

Dist. Ct. did not err in granting govt. forfeiture petition in amount of $279,500 on 23 counts on charge of structuring bank transaction so as to avoid $10,000 reporting requirement in violation of 31 USC section 5324(c). While defendant argued that amount of forfeiture violated 8th Amendment since it was grossly disproportionate to offense for which she had been convicted, Ct. found no 8th Amendment violation where: (1) record showed that defendant violated said statute 23 times over substantial period of time that interfered with bank's attempt to comply with reporting obligation; (2) defendant's conduct frustrated govt. attempt to uncover crime and fraud; and (3) instant forfeiture amount was well within statutory penalty range. Fact that defendant's acts deprived govt. of information that did not pertain to any other criminal act or that withdrawn funds did not belong to defendant did not require different result.