United States v. Bajakajian, 524 U.S. 321, 5 (1998)

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Cite as: 524 U. S. 321 (1998)

Opinion of the Court

that his wife had another $7,000, but that the family had no additional currency to declare. A search of their carry-on bags, purse, and wallet revealed more cash; in all, customs inspectors found $357,144. The currency was seized and respondent was taken into custody.

A federal grand jury indicted respondent on three counts. Count One charged him with failing to report, as required by 31 U. S. C. § 5316(a)(1)(A),1 that he was transporting more than $10,000 outside the United States, and with doing so "willfully," in violation of § 5322(a).2 Count Two charged him with making a false material statement to the United States Customs Service, in violation of 18 U. S. C. § 1001. Count Three sought forfeiture of the $357,144 pursuant to 18 U. S. C. § 982(a)(1), which provides:

"The court, in imposing sentence on a person convicted of an offense in violation of section . . . 5316, . . . shall order that the person forfeit to the United States any property, real or personal, involved in such offense, or any property traceable to such property." 18 U. S. C. § 982(a)(1).

Respondent pleaded guilty to the failure to report in Count One; the Government agreed to dismiss the false statement charge in Count Two; and respondent elected to have a bench trial on the forfeiture in Count Three. After the bench trial, the District Court found that the entire $357,144 was subject to forfeiture because it was "involved

1 The statutory reporting requirement provides: "[A] person or an agent or bailee of the person shall file a report . . . when the person, agent, or bailee knowingly--

"(1) transports, is about to transport, or has transported, monetary instruments of more than $10,000 at one time--

"(A) from a place in the United States to or through a place outside the United States . . . ." 31 U. S. C. § 5316(a).

2 Section 5322(a) provides: "A person willfully violating this subchapter . . . shall be fined not more than $250,000, or imprisoned for not more than five years, or both."

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