Washington, DC, June 22, 1998 -- The National Association of Criminal Defense
Lawyers lauds today's U.S. Supreme Court decision in United States v. Bajakajian, No. 96-1487,
holding that forfeiture of Mr. Bajakajian's savings solely for his failure to report it to a U.S.
Customs officer before leaving the country would be, as Justice Thomas wrote,"grossly
disproportional to the gravity of his offense." Following today's decision, NACDL President Gerald
B. Lefcourt, New York City, issued the following statement:
"Making the punishment fit the crime -- what we know as 'proportionality' -- is the very
essence of our concept of justice. In this case, Mr. Bajakajian's sole offense was his failure to tell
a Customs officer he was traveling overseas with his own money to repay a lawful debt. Under the
federal sentencing guidelines, the punishment for this offense is up to six months imprisonment and
a fine of $5,000. As the Court held, the government's refusal to return Mr. Bajakajian's $357,000
amounts to an exorbitant second fine. That result would be outrageous and abhorrent to our system
of justice in America."
[Click Here] for the text of the
Supreme Court's decision.
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NACDL is the preeminent organization in the United States advancing the mission of the nation's
criminal defense lawyers to ensure justice and due process for persons accused of crime or other misconduct.
A professional bar association founded in 1958, NACDL's almost 10,000 direct members -- and 80 state
and local affiliate organizations with another 28,000 members -- include private criminal defense lawyers,
public defenders, active U.S. military defense counsel, law professors and judges committed to preserving
fairness within America's criminal justice system.
National Association of Criminal Defense Lawyers (NACDL)