TJOFLAT, Circuit Judge:
The sole issue in this appeal is whether the forfeiture order imposed against Chaplin's, Inc. ("Chaplin's"), after Chaplin's was convicted of charges under 18 U.S.C. § 1956 and 31 U.S.C. § 5324, violates the Excessive Fines Clause of the Eighth Amendment.
The facts of this case were extensively set out in our previous opinion that affirmed Chaplin's convictions, see United States v. Seher, 562 F.3d 1344, 1350-54 (11th Cir.2009) ("Seher II"), and we will relay only the facts essential to Chaplin's Eighth Amendment challenge.
Chaplin's is a jewelry store located in Atlanta, Georgia, and owned by Parsig Seher. Parsig Seher's brother, Toros Seher ("Seher"), occasionally worked at Chaplin's and also owned his own jewelry store in Atlanta, Chaplin's Midtown ("Midtown"). Between 1996 and 2002, Seher sold jewelry in cash-based transactions at a third location to people he knew to be drug dealers. These sales were often structured to avoid any individual payments in excess of $10,000, which would have required Seher, as the store's agent and recipient of the cash, to file a report with the federal government ("Form 8300"), containing information about the buyer, such as the buyer's name and address. 31 U.S.C. § 5331(a)-(b).
Federal investigators learned of Seher's activities and arranged a controlled-buy. During 2005 and 2006, an Internal Revenue Service ("IRS") investigator met with Seher on multiple occasions at both Chaplin's and Midtown.
At Chaplin's, the investigator purchased from Seher a set of wedding rings from Chaplin's inventory. During negotiations for that purchase, the investigator intimated that he was involved in the drug trade. Seher initially suggested that the investigator pay for the rings in three separate bundles.
Several months later, again at Chaplin's, the investigator and Seher completed their negotiations for the rings and settled on a price. Seher communicated the price as "$220"; however, the investigator understood this quote truly to mean $22,000. The investigator handed Seher $3,000 in cash, and Seher returned a receipt, of sorts. On a yellow note, Seher had written the numbers "2200.00," "1900.00," and "300.00," which the investigator understood as representing the total purchase price, $22,000, the outstanding balance, $19,000, and the investigator's downpayment, $3,000.
The investigator returned to Chaplin's the following day to pick up the rings and complete the transaction. Seher led the investigator to Chaplin's back-room. There, the investigator handed Seher $19,000 in cash, which Seher immediately put into a safe. Before leaving Chaplin's, the investigator told Seher that he did not want to complete any paperwork for the transaction; Seher assured him that there would not be any paperwork. Nobody at Chaplin's completed and filed Form 8300 for the rings transaction.
Chaplin's was indicted on seven counts related to Seher's sales and failure to file Form 8300. The indictment
The case went to trial in February 2007. At the close of the evidence, but before the jury was charged, Chaplin's pled guilty to the reporting violation. During the plea colloquy, however, Chaplin's attempted to plead guilty to a violation of 31 U.S.C. § 5331,
The Government disagreed with Chaplin's argument and insisted that it intended to prosecute Chaplin's under § 5324, not § 5331. The district court agreed that the Government was entitled to prosecute the case as it saw fit; the court informed Chaplin's that it could either proceed to a verdict and appeal or plead guilty to the charge as set out in the indictment. Given this choice, Chaplin's pled guilty to the § 5324 count.
After the trial, the Government moved for a preliminary order of forfeiture against Chaplin's entire inventory. According to the Government, the inventory was "involved in" the money laundering and reporting offenses because it provided Seher's—and, vicariously, Chaplin's—money laundering operation with an "air of legitimacy." Chaplin's argued that its inventory was not "involved in" the relevant offenses, and that such a forfeiture would
The district court then held a sentencing hearing on August 22, 2007. The Presentence Investigation Report ("PSR") prepared by the United States Probation Office calculated Chaplin's Total Offense Level to be 20 under the Sentencing Guidelines. The money laundering charge, as the "most serious" of the two counts, see United States Sentencing Commission, Guidelines Manual, § 3D1.3(a) (Nov. 1, 2006), drove the Guidelines fine range; the PSR recommended a fine from $650,000 to $1,300,000. At the sentencing hearing, the district court took into account Chaplin's ability to pay, along with the forfeiture order, and sentenced it to pay a $100,000 fine—$50,000 for each count—and to serve five years of probation.
Chaplin's appealed its conviction and sentence, specifically the forfeiture order. This court affirmed the conviction, but vacated the forfeiture order. Seher II, 562 F.3d at 1373-74. Under the forfeiture statutes, Chaplin's inventory was "involved in" the relevant offenses, and therefore was properly subject to forfeiture. Id. at 1369. We noted, however, that the district court did not address Chaplin's Eighth Amendment defense, and remanded the case to the district court to rule on that issue. Id. at 1370-72, 1373-74.
On remand, the parties submitted briefs to the district court on the Eighth Amendment issue. Chaplin's argued that the forfeiture order was excessive under the three factor test set out in United States v. Browne, 505 F.3d 1229 (11th Cir.2007).
On appeal, Chaplin's contends that the order forfeiting its inventory is an excessive fine in violation of the Eighth Amendment.
The parties and some decisions from this court refer to three factors, articulated in United States v. Browne, 505 F.3d 1229 (11th Cir.2007), that guide our gross-disproportionality inquiry: "(1) whether the defendant falls into the class of persons at whom the criminal statute was principally directed; (2) other penalties authorized by the legislature (or the Sentencing Commission); and (3) the harm caused by the defendant," id. at 1281.
These general principles, however, do not suggest that forfeitures above either the statutory maximum fine or the Guidelines range are presumptively invalid. Id. at 1309 n. 9. Instead, such forfeitures simply receive closer scrutiny, but "[a] forfeiture far in excess of the statutory fine range . . . is likely to violate the Excessive Fine Clause." Id.; see also Bajakajian, 524 U.S. at 337-39, 118 S.Ct. at 2038 (holding that a forfeiture of $357,144 was excessive where the maximum fine under the Sentencing Guidelines was $5,000).
We begin our analysis with the first Browne factor—whether Chaplin's is among the principal targets of the forfeiture-authorizing statutes. Here, those statutes are the money laundering statute, § 1956, and the reporting violation, § 5324. Chaplin's argues that it was not the primary target of § 5324 because, as the institution required to file reports under § 5331, it could not "cause" itself to fail to file a report. While we appreciate the linguistic awkwardness of charging Chaplin's under § 5324, Chaplin's does not argue that it is not the principal target of the § 1956 money laundering count. Accordingly, we agree with the district court's conclusion that Chaplin's "stand[s] at the dead-center of [§ 1956's] targeted class" and therefore is the proper target of a forfeiture-authorizing statute.
The next Browne factor—the available sentences—suggests that Chaplin's was convicted of very serious crimes. If Chaplin's were a natural person, it would have faced statutory maximum incarceration terms of twenty years for violating § 1956 and ten years for violating § 5324. The statutory maximum fines for these two convictions are significant, totaling $1,500,000. The Sentencing Guidelines fine range suggests a similar maximum punishment, ranging from $650,000 to $1,300,000.
The last Browne factor—the harm caused by the defendant—also weighs in favor of the forfeiture order. Seher, on Chaplin's behalf, structured the $22,000
Chaplin's argues that the $22,000 transaction was an isolated event and is the only conduct linking it to illegal activity. Evidence in the record contradicts this assertion, however. First, the ring-purchasing transaction between Seher and the IRS investigator spanned several months; the initial contact occurred on April 28, 2005, and the transaction concluded on August 25, 2005.
Second, the IRS investigator purchased a Rolex watch from Seher with $12,800 in cash represented to be drug proceeds without completing Form 8300. Although this purchase was completed at Midtown, the IRS investigator first saw the watch during his July 21, 2005 visit to Chaplin's and then tried it on during a visit to Chaplin's on August 25, 2005. We may reasonably infer that Seher, or someone else, transported the watch from Chaplin's to Midtown, where Seher and the IRS investigator conducted another cash transaction using purported drug proceeds. This transaction implicates Chaplin's inventory in yet another drug-tainted attempt to evade federal currency reporting requirements.
Third, Seher's comments on July 22, 2005, suggest that he was not the only Chaplin's employee involved in the money-laundering operation. That day, the IRS investigator met with Seher in the back-room at Chaplin's to complete the $22,000 transaction. The IRS investigator handed Seher a stack of $19,000 in cash and repeatedly stated that he did not want his name on any forms, a reference to Form 8300. During the meeting, the IRS investigator noticed another Chaplin's employee working in the back-room—apparently fabricating
Also relevant to our analysis, beyond the Browne factors, is the interplay between the forfeiture order and the fine imposed by the district court. Chaplin's was subject to a statutory maximum fine of $1,500,000 and a Sentencing Guidelines fine range of $650,000 to $1,300,000. The district court did not impose a fine anywhere near these figures; it imposed a $100,000 fine. Its decision to do so was based on the fact that it had already ordered forfeiture of Chaplin's inventory. Seher III, 686 F.Supp.2d at 1332 n. 8 (N.D.Ga.2010) ("[T]he Court notes that it accounted for the effects of these forfeitures when it sentenced [Chaplin's], for despite the Guidelines' recommend fine range, Chaplin's sentence was mitigated to a fine that fell between .8 and 4.1 percent of the Guidelines recommendation. . . ."). Had the district court believed that it could not constitutionally impose the full forfeiture, it likely would have increased the amount of the fine.
Against these factors we must weigh the value of the forfeited property. The parties agree that $1,877,262 is the accurate value of Chaplin's inventory. Chaplin's also argues that we should include within this calculation the $100,000 fine and the $22,000 money judgment, for a total of $1,999,262. Assuming, without deciding, that Chaplin's is correct in this regard, we do not find the forfeiture order to be grossly disproportionate to the gravity of Chaplin's crime.
This figure exceeds both the statutory maximum fine and the high-end of the
Furthermore, Chaplin's criminal conduct was more serious than the conduct at issue in cases where courts have found a forfeiture award excessive. In Bajakajian, for example, the defendant's only crime was a reporting offense; he did not report that he was transporting more than $10,000 outside the United States. 524 U.S. at 324-25, 118 S.Ct. at 2032. The currency, however, was "unrelated to any other illegal activities"; the defendant was "not a money launderer, a drug trafficker, or a tax evader." Id. at 338, 118 S.Ct. at 2038. A forfeiture of $357,144, where the Guideline fine was only $5,000, was therefore excessive. And, in United States v. One Single Family Residence Located at 18755 North Bay Road, Miami, 13 F.3d 1493 (11th Cir.1994), the owners of the forfeited residence had hosted an illicit poker game "involving some of [the owner's] relatives and associates." Id. at 1494. We held that the forfeiture of this property—which was valued at $150,000 and served as the principal residence of at least four people—violated the Eighth Amendment. The nature of this "gambling operation" was far outside the intended scope of the federal statute that criminalized illegal gambling; the owners' poker game was "sporadic" and "of insignificant monetary proportions." Id. at 1498 (quoting H.R.Rep. No. 91-1549, at 53 (1970), reprinted in 1970 U.S.C.C.A.N. 4007, 4029).
Chaplin's criminal conduct was not similarly benign. Unlike the Bajakajian defendant, Chaplin's was a money launderer that laundered drug proceeds. Its conduct was not a mere reporting violation. And, unlike the owners in One Single Family Residence, Chaplin's criminal activities fell squarely within the intended scope of the federal money laundering statute, § 1956.
Taking all of these factors together, we cannot say that the forfeiture order was grossly disproportionate to the gravity of Chaplin's crime. The district court's judgment is, therefore,
AFFIRMED.
18 U.S.C. § 1956(a)(3)(B)-(C). We will refer to this statute as "Section 1956" or "§ 1956."
31 U.S.C. § 5324(b)(1), (d)(2). We will refer to this statute as "Section 5324" or "§ 5324."
The district court's order incorrectly stated that Chaplin's fine range under the Sentencing Guidelines was $1,200,000 to $2,400,000. Seher III, 686 F.Supp.2d at 1329. The Government concedes that this higher figure was incorrect, and that the proper fine range under the Guidelines is $650,000 to $1,300,000.
Seher's statements—"everybody here" and "[a]nybody that's behind here"—strongly suggest that the third person in the back-room of Chaplin's was "cool"—i.e., complicit in Seher's scheme.