11th Circuit Returns FBAR Penalty Case to Trial Court on Cruel & Unusual Punishment issue

               On June 4, 2026, the United States (U.S.) Court of Appeals for the Eleventh Circuit returned to the trial court a $2.3 million Foreign Bank Account Report penalty to reconsider its legality with the cruel and unusual punishment provisions of the Eighth Amendment of the U.S. Constitution.  The trial court rule, pre-Schwarzbaum, that the excessive finds clause did not apply to the case.