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In the never-ending court saga of Schwarzbaum, a key decision was reached on the issue of FBAR Fines -- whether certain foreign bank account penalties can be considered under the Eighth Amendment as ‘Excessive Fines.’ While the first circuit in the case of Toth (2022) determined that FBAR penalties were not subject to the Eighth Amendment excessive fines clause, the Schwartzbaum court in the Eleventh Circuit Court of Appeals disagreed and found that FBAR fines could be considered under the Eighth Amendment. While in this particular case even under the Eighth Amendment excessive fines clause, the penalties were not reduced by much relative to the overall penalty (which still exceeds $12 million), conceptually it is very important because many taxpayers may find themselves in a situation where they are subject to willfulness penalties for lower valued accounts.