· 12/11/1972
One Lot Emerald Cut Stones and One Ring v. United States
Citations
- 409 U.S. 232
- 93 S. Ct. 489
- 34 L. Ed. 2d 438
- 1972 U.S. LEXIS 120
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a criminal acquittal does not have collateral estoppel effect on a later civil forfeiture proceeding based on the same conduct
- holding that “forfeiture is not barred by the Double Jeopardy Clause of the Fifth Amendment because it involves neither two criminal trials nor two criminal punishments.”
- holding civil action for forfeiture was not barred by owner’s prior acquittal of failure to comply with customs procedures
- noting that the forfeiture remedy provided under 19 U.S.C. § 1497 — another provision of the Tariff Act of 1930 — is a “remedial rather than punitive” remedy
- holding Double Jeopardy Clause did not bar subsequent civil forfeiture proceeding following acquittal in criminal case because of different standards of proof
- stating that forfeiture of property under the customs laws serves remedial purpose by “providing] a reasonable form of liquidated damages for violation of the inspection provisions [by] ... reimburs[ing] the Government for investigation and enforcement expenses”
Source: CourtListener parenthetical corpus (CC0).
Judges: Per Curiam
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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