United States Ninth Circuit

A claimant who asserts only a possessory interest in forfeited property has first-party standing to challenge the forfeiture under the Excessive Fines Clause of the Eighth Amendment. Because the claimant acted with reckless disregard as to the source of the funds, forfeiture of $10,000 was not grossly disproportional to the gravity of his 31 U.S.C. section 5316 reporting offense.

Appellate Information

• Argued 02/03/2003
• Decided 01/16/2004
• Published 01/16/2004

Judges

• Before: D.W. NELSON, WARDLAW and FISHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• John S. Gordon, Assistant United States Attorney, and Janet C. Hudson, Assistant United States Attorney, Los Angeles, CA, for the plaintiff-appellant-cross-appellee., Eric Honig, Marina del Rey, CA, for claimant-appellee-cross-appellant Eytan Mayzel., Elizabeth N. Rafeedie, Malibu, CA, for claimant-appellee-cross-appellant Eric Amiel.