No. 18-411

Cindy Omidi v. United States

Lower Court: Ninth Circuit
Docketed: 2018-10-02
Status: Denied
Type: Paid
Response Waived
Tags: 31-usc-5317 31-usc-5324 civil-procedure criminal-procedure due-process forfeiture jurisdictional-basis money-judgment personal-money-judgment statutory-interpretation structuring
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2018-11-02
Question Presented (AI Summary)

Whether a district court has authority to enter a personal money judgment against a person who violated 31 U.S.C. § 5324(a)(3) (structuring) when the structured funds are neither available nor traceable

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. 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. 2. 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))?

Docket Entries

2018-11-05
Petition DENIED.
2018-10-17
DISTRIBUTED for Conference of 11/2/2018.
2018-10-09
Waiver of right of respondent United States to respond filed.
2018-07-23
Petition for a writ of certiorari filed. (Response due November 1, 2018)

Attorneys

Cindy Omidi
Robert Adam KashfianKashfian & Kashfian, LLP, Petitioner
Robert Adam KashfianKashfian & Kashfian, LLP, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent