· 7/2/1998
United States v. James Lippert
Citations
- 148 F.3d 974
- 1998 WL 351247
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 “defendant’s ability to pay is a factor un- der the Excessive Fines Clause”
- holding penalty may be punitive under Excessive Fines Clause but not punishment for double jeopardy purposes
- observing, in conducting an Excessive Fines Clause analysis of an award under § 55(a)(1), that the district court declined to permit recovery beyond double damages
- interpreting provisions of the Anti-Kickback Act that provide for civil damages and fines and holding such provisions not violative of Fifth Amendment
- discussing the importance of legislative distinction between civil and criminal penalties for double jeopardy purposes
- “[I]n the case of fines, as opposed to forfeitures, the defendant’s ability to pay is a factor under the Excessive Fines Clause.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Bogue, Loken, Wollman
Read full opinion on CourtListenerSourced 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.