United States v. $405,089.23 U.S. Currency, Charles Arlt James Wren Payback Mines, Claimants-Appellants

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that civil forfeiture under Sec. 881(a)(6) constitutes punishment for double jeopardy purposes because Austin \resolves the 'punishment' issue with respect to forfeiture cases for purposes of the Double Jeopardy Clause as well as the Excessive Fines Clause\
• holding civil forfeiture is punishment barred by double jeopardy following criminal convictions for conspiracy and money laundering in connection with methamphetamine manufacturing operation
• finding that a narcotics trafficking civil forfeiture under 21 U.S.C. Sec. 881(a)(6) cannot be sustained in a separate proceeding subsequent to a narcotics trafficking conviction
• noting that the government could have brought criminal forfeiture proceedings without offending double jeopardy
• noting that these factors suggest a sanction is “punishment”
• determining whether civil forfeiture pursuant to money laundering statutes qualifies as punishment

Source: CourtListener parenthetical corpus (CC0).