As understood by U.S. Customs and Border Protection, this law allowed the forfeiture of all of the money that the respondent had tried to take out of the country. The question was whether this conflicted with the Eighth Amendment's provision that "excessive fines [not be] imposed". Justice Thomas concluded: Comparing the gravity of respondent's crime with the $357,144 forfeiture the Government seeks, we conclude that such a forfeiture would be grossly disproportional to the gravity of his offense. It is larger than the $5,000 fine imposed by the District Court by many orders of magnitude, and it bears no articulable correlation to any injury suffered by the Government. Although Thomas noted that the case was complicated by the fact that both federal law and the government's case in Bajakajian somewhat blurred the distinction between civil forfeiture and a fine intended to punish, it was clear in this case that punishment was at least part of the government's intent. Clarifying whether seizures of property are considered fines or punishments, he decreed that a criminal forfeiture could be considered as both a type of fine and a punishment, while a civil forfeiture was not intended as a punishment of a person but rather a "legal fiction of punishing the property", concluding that civil forfeitures were not a type of fine. However, the case allowed the Court to look at the issue of excessive fines apart from other criminal issues because there were no charges against the respondent other than failing to report the cash transfer; a separate charge of lying to customs officials had been dropped. Impact As of 2015, there have been 150 federal circuit court decisions that relied on Bajakajian to conduct an excessiveness test, but only 4 of them have found excessive forfeiture. One commentator argues that this is due to lower courts applying the Bajakajian framework too rigidly. Bajakajian'''s application is being extended beyond forfeiture. In Duckworth v. United States (2011), the D.C. Circuit applied Bajakajian to the Magnuson–Stevens Fishery Conservation and Management Act, upholding fines imposed by NOAA. In United States v. Lessner (2007), the Third Circuit applied it to the Mandatory Victims Restitution Act, which established procedures to determine restitution for victims, and upheld a $938,965.59 restitution order. In United States v. Stebbins'' (2005), the Court of Appeals for the Armed Forces upheld a $75,000 fine to punish a soldier found guilty of raping a minor.