Does a criminal conviction violate the Double Jeopardy Clause in civil forfeiture proceedings?
MultiRegion, United States of America
The following excerpt is from U.S. v. Machado, 70 F.3d 1281 (9th Cir. 1995):
Machado contends that his criminal conviction violated the Double Jeopardy Clause because he had already been subjected to punishment for the same conduct through the government's uncontested administrative forfeiture proceedings. This contention is foreclosed by United States v. Cretacci, 62 F.3d 307 (9th Cir.1995), in which we held that the administrative forfeiture of unclaimed property does not constitute punishment for purposes of the Double Jeopardy Clause.
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