Jack Swain discusses whether civil penalties for willful violations of foreign bank account reporting requirements are subject to the Eighth Amendment’s Excessive Fines Clause. Swain analyzes a circuit split over whether these penalties are punitive fines or remedial measures intended to reimburse the government for lost revenue and enforcement costs. He argues that the penalties are remedial and nonpunitive and therefore should fall outside the scope of the Excessive Fines Clause.