Skip to main content
· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.