Lahkwinder Singh v. United States

I. Whether this Court should resolve the conflict between the circuits regarding whether the 'deprivation of livelihood' should be included in the proportionality analysis when de­ termining whether a forfeiture meets the constitutionality requirements of the Eighth Amendment's ban on Excessive Fines? II. Whether the proportionality analysis under the Excessive Fines clause should include a fact specific' evaluation of the circumstances of a criminal act to include the factors of: 1) Negligence, 2) Recklessness, 3) Knowledge, 4) Intent, and 5) Maliciousness, to determine the extent of the defendant's level of participation, knowledge of the crime, and his degree of culpability to ensure the . amount of forfeiture bears a relationship to the criminal activity? III. Whether the amount of forfeiture ordered in a financial structuring offense should be proportional to the ratio of legitimate funds structured, as compared to the amount of funds tainted by other criminal act(s), that resulted in minimal, or no, illegal gain, to meet the constitutional requirements of the Eighth Amendment? IV. Whether the proportionality analysis under the Excessive Fines Clause should require a relationship between: 1) the ratio of the sentence imposed, as compared to the up­ per limit of either the Guideline recommendation, or the applicable Statute; and 2) the amount of forfeiture or­ dered as compared to the amount of funds structured?