Legal Opinion

United States v. Malewicka

Court of Appeals for the Seventh Circuit

Decided December 29, 2011No. 10-3967PublishedCited by 20 opinions

1Opinion of the Court

FLAUM, Circuit Judge.

This appeal follows Jadwiga Malewicka’s conviction for structuring transactions to avoid reporting requirements in violation of 31 U.S.C. § 5324(a)(3). Malewieka raises two issues on appeal. First, she argues that the amount she is required to forfeit, $279,500.00, is excessive in violation of the Eighth Amendment. Next, she argues that the ostrich instruction given at trial was improper. For the reasons set forth below, we affirm.

I. Background

A. Factual Background

Malewieka emigrated to the United States from Poland in 1986 at the age of 26. Upon her arrival, she began…

2Cases cited18 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. United States v. BajakajianSupreme Court of the United States · 1998
  3. California Bankers Assn. v. ShultzSupreme Court of the United States · 1974
  4. United States v. St. Michael's Credit Union and Janice SacharczykCourt of Appeals for the First Circuit · 1989
  5. United States v. 817 N.E. 29th DriveCourt of Appeals for the Eleventh Circuit · 1999

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3Cited by20 opinions

  1. United States v. Michael ValloneCourt of Appeals for the Seventh Circuit · 2012
  2. United States v. Yulia AbairCourt of Appeals for the Seventh Circuit · 2014
  3. Collins v. Securities & Exchange CommissionCourt of Appeals for the D.C. Circuit · 2013
  4. United States v. Edward DavisCourt of Appeals for the Seventh Circuit · 2017
  5. Susan Grashoff v. David J. AdamsCourt of Appeals for the Seventh Circuit · 2023

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