Cindy Omidi v. United States

Does 31 U.S.C. § 5317 give a district court authority to enter a personal money judgment against a person who has violated only 31 U.S.C. § 5324(a)(3) (structuring), even though: (a) the person did not engage in any criminal conduct other than structuring; (b) the structured funds are neither available nor traceable; and (c) section 5317 does not expressly confer the court with authority to impose a personal money judgment, in the absence of traceable funds.

Is an indictment constructively amendment, warranting reversal of a conviction, when the indictment relies on one specific statutory basis for jurisdiction (31 U.S.C. § 5312(a)(2)(V)), but the (objected to) jury instructions and evidence allows for a conviction on two alternative statutory basis for jurisdiction (31 U.S.C. § 5312(a)(2)(V) and § 5312(a)(2)(K))?