KING, Circuit Judge:
Following civil forfeiture proceedings in the Eastern District of Virginia, the government has appealed from the district court's post-judgment order of January 15, 2010, reducing on Eighth Amendment grounds the forfeiture judgment from $79,650 to $50,000. See United States v. $79,650.00 Seized from Bank of Am. Account Ending in 8247, No. 1:08-cv-01233 (E.D.Va. Jan. 15, 2010) (the "Order").
During 2006 and 2007, Girma Afework, an Ethiopian citizen residing in the Eastern District of Virginia, maintained bank accounts at PNC Bank and Bank of America. On April 2, 2007, Afework presented himself at a branch of PNC Bank in Fairfax, Virginia, intending to deposit $79,650 in cash (the "Defendant Money," or the "Money"). While there, Afework was told that a cash deposit of more than $10,000 would require, pursuant to an applicable banking regulation, the bank's completion of a form. To avoid having the bank complete the form, Afework deposited only $9900. He made another $9900 currency deposit later that same day at a Fairfax branch of Bank of America. Afework then deposited the balance of the Defendant Money by making similar cash deposits— one per day at each of the two banks—on April 3, 4, and 5, 2007. Afework thus engaged in eight separate currency transactions at the two banks, ranging in amount from $9900 to $9980, thereby managing to fully deposit the Money without causing the banks to file any forms. In April and May 2007, Afework consolidated the entirety of the Money into a single account at Bank of America.
On February 21, 2008, the Postal Inspectors executed a warrant for an arrest in rem, seizing the Defendant Money from Bank of America. Several months later, on November 26, 2008, the government filed its Complaint for forfeiture of the Money, pursuant to 31 U.S.C. § 5317(2), alleging that the currency deposits of the Money were illegally structured by Afework, in contravention of 31 U.S.C. § 5324.
The magistrate judge thereafter denied the parties' respective dispositive motions and, on December 8, 2009, conducted a bench trial.
At the trial's conclusion, the magistrate judge ruled from the bench, first explaining that a § 5324 offense has three elements, which he identified as follows: (1) that "a person knowingly structured, attempted to structure, [or] assisted in structuring a currency transaction"; (2) that "the person knew of the domestic financial institution's legal obligation to report transactions in excess of $10,000"; and (3) that "the purpose of the structured transaction was to evade that reporting obligation." J.A. 104-05. Relevant to this appeal, the judge found, as to the second of those elements, that "Afework knew of the domestic financial institution's legal obligation to report transactions in excess of $10,000." Id. at 114. The judge premised this finding primarily on Agent Smith's testimony that Afework had admitted knowing that "there was a ... banking regulation form," see id. at 53, as well as Afework's own testimony, which (although contradictory) revealed his knowledge that the reporting form had to be completed pursuant to a banking regulation, see id. at 112.
During the trial, Afework had asserted that the Excessive Fines Clause of the Eighth Amendment barred forfeiture of the Money. See U.S. Const. amend. VIII (providing that "[e]xcessive bail shall not be required, nor excessive fines imposed"). The judge deferred ruling on the excessive fines issue pending briefing by the parties.
On December 18, 2009, ten days after the trial, Afework formally moved to dismiss the Judgment (the "Excessive Fines Motion"), contending that the $79,650 forfeiture was constitutionally excessive because that amount was disproportionate to the fine authorized under the Sentencing Guidelines. See United States v. Bajakajian, 524 U.S. 321, 336-37, 118 S.Ct. 2028, 141 L.Ed.2d 314 (1998) (requiring, for purposes of an excessive fines issue, that a proportionality analysis be conducted, assessing whether "the amount of the forfeiture is grossly disproportional to the gravity of the defendant's offense"). The government responded that, in light of Afework's (uncharged) criminal activity and the maximum statutory fine for his offenses of currency structuring, forfeiture of the Money was not constitutionally excessive. More specifically, the government maintained that the Guidelines were no longer relevant to the Bajakajian proportionality analysis because of the Supreme Court's decision in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), which rendered the Guidelines advisory. As such, the government asserted that a maximum statutory fine of $250,000—rather than the advisory Guidelines fine—was the appropriate measuring stick for an excessive fines proportionality analysis.
On January 15, 2010, the magistrate judge heard argument on the Excessive Fines Motion. Afework maintained, contrary
At the conclusion of the hearing, the magistrate judge ruled that the advisory Guidelines fine—and not the statutory maximum fine—provided the proper comparison for its Eighth Amendment proportionality analysis. The judge also found that Afework's earlier structuring activities (between October 2006 and February 2007) constituted relevant conduct and that the aggregate amount of structured currency deposits made by Afework exceeded $165,000. The judge then determined that the Guidelines offense level was 18, resulting in an advisory fine range of $6000 to $60,000. Predicated thereon, the court fixed the forfeiture amount at $50,000. Accordingly, the January 15, 2010 Order specified that "the forfeiture amount is reduced to a fine of $50,000, payable by [Afework] to the Government."
Turning to the merits, we first dispose of Afework's sole contention in his cross-appeal—that the government was required but failed to prove that he had actual knowledge of the banks' obligation to report currency transactions in excess of $10,000 to the government. Section 5313 of Title 31 obliges domestic financial institutions (e.g., PNC Bank and Bank of America) to report certain transactions to the Secretary of the Treasury, including currency transactions exceeding $10,000. See 31 C.F.R. § 103.22(b)(1) ("Each financial institution ... shall file a report of each deposit ... which involves a transaction in currency of more than $10,000."). Pursuant to the implementing regulations, such currency transactions are specifically reported to the Internal Revenue Service (the "IRS"). See id. § 103.27(a)(4). Afework asserts that, although he knew that these banks were obligated to report currency transactions in excess of $10,000, he believed that the reporting requirement stemmed from internal bank rules unique to PNC Bank and Bank of America. According to Afework, he did not know that the banks were obliged to report such transactions to the government—and the government failed to present sufficient evidence to prove otherwise.
In assessing such a sufficiency challenge, we view the evidence in the light most favorable to the prosecution and determine whether "substantial evidence" supports the judgment. See United States v. Jeffers, 570 F.3d 557, 565 (4th Cir.2009); see also United States v. Whorley, 550 F.3d 326, 338 (4th Cir.2008) (defining "substantial evidence" as "evidence that a reasonable finder of fact could accept as adequate and sufficient"). At trial, the magistrate judge was presented with testimony from both Agent Smith and Afework concerning Afework's knowledge that the banks were obligated to file the currency reporting forms pursuant to a banking regulation—a regulation which, contrary to some of Afework's assertions, was a government regulation and not unique to each bank. In making his factual findings the judge was entitled to make appropriate credibility determinations and to draw reasonable inferences from the trial testimony. Viewed in context, the totality of the evidence—and in particular the compelling evidence of prior structuring activities—was more than sufficient to justify the court's findings in support of the § 5324 offenses. We therefore reject Afework's cross-appeal and affirm the Judgment's determination, by a preponderance of the evidence, that he committed the offenses of currency structuring.
We turn finally to the government's appeal, by which it challenges the magistrate judge's Order reducing the forfeiture amount on Eighth Amendment grounds from $79,650 to $50,000. We review de novo whether a forfeiture of property contravenes the Excessive Fines Clause of the Eighth Amendment. See United States v. Jalaram, 599 F.3d 347, 351 (4th Cir.2010). Significantly, the government contends that the judge erred in relying on the Guidelines for its Eighth Amendment proportionality analysis, because the fine table in Guidelines section 5E1.2 is simply inapplicable where—as here—the statutory maximum fine exceeds $250,000. See USSG § 5E1.2(c)(4) (2009) (explaining that fine table does not apply "if defendant is convicted under a statute authorizing ... a maximum fine greater than $250,000").
Under § 3571(b)(3) of Title 18, "an individual who has been found guilty of an offense may be fined ... for a felony, not more than $250,000." Pursuant to 31 U.S.C. § 5324(d)(2), however, the $250,000 maximum fine must be doubled under the aggravated facts of this case because
As found by the magistrate judge in connection with the Order, Afework structured more than $100,000 (i.e., at least $165,000) in a twelve-month period (i.e., the seven-month period between October 2006 and April 2007). Accordingly, this is
As the Supreme Court explained in Bajakajian, a forfeiture of property will violate the Excessive Fines Clause only if it is "grossly disproportional" to the gravity of the offense. See 524 U.S. 321, 336, 118 S.Ct. 2028, 141 L.Ed.2d 314 (1998); see also United States v. Ahmad, 213 F.3d 805, 815 (4th Cir.2000) (recognizing that Bajakajian applies when determining "whether any punitive forfeiture— civil or criminal—is excessive"). A proper assessment of whether a specific forfeiture contravenes the Excessive Fines Clause typically requires an analysis of several factors. See Jalaram, 599 F.3d at 355-56. This appeal, however, turns on only one of those factors: "the amount of the forfeiture and its relationship to the authorized penalty." Id. at 355. As the government maintains, a legal error was made when the court predicated its proportionality analysis on an incorrect understanding that the authorized penalty was the Guidelines advisory fine of $60,000. Under the facts of this aggravated case, the correct authorized penalty is the statutory maximum fine of $500,000. As such, we are constrained to agree with the government that the magistrate judge's proportionality analysis was erroneously conducted. We therefore vacate the Order and remand for further proceedings.
Pursuant to the foregoing, we reject Afework's cross-appeal and affirm the Judgment of December 8, 2009. On the other hand, we vacate the Order of January 15, 2010, and remand for such other and further proceedings as may be appropriate.
No. 10-1291 VACATED AND REMANDED
No. 10-1294 AFFIRMED