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· 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 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.