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U.S. v. JALARAM, INC.

No. 08-5172.

599 F.3d 347 (2010)

UNITED STATES of America, Plaintiff-Appellant, and Centra Bank, Incorporated; BB & T Corporation, Parties-in-Interest, v. JALARAM, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: April 2, 2010.

Attorney(s) appearing for the Case

ARGUED: Michael Stein, Office of the United States Attorney, Wheeling, West Virginia, for Appellant. Dale P. Kelberman, Miles & Stockbridge, PC, Baltimore, Maryland, for Appellee. ON BRIEF: Sharon L. Potter, United States Attorney, for Appellant. Derek P. Roussillon, Miles & Stockbridge, PC, Baltimore, Maryland, for Appellee.

Reversed and remanded by published opinion. Judge Motz wrote the opinion, in which Judge Michael joined. Judge King wrote an opinion concurring in the judgment.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

The Government appeals the district court's denial of its request for the forfeiture of $358,390.22 in criminal proceeds. The Government sought the proceeds forfeiture from Jalaram, Inc., the owner of a motel and participant in a conspiracy to violate the anti-prostitution provisions of the Mann Act. The district court held that the requested forfeiture would violate the Eighth Amendment's Excessive Fines Clause...

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