United States v. Ursery

518 U.S. 267, 116 S. Ct. 2135, 135 L. Ed. 2d 549, 1996 U.S. LEXIS 4256
Supreme Court of the United States·Decided June 24, 1996·No. 95-345·Published·Cited by 1,304 cases

Opinions

[270]*270Chief Justice Rehnquist

delivered the opinion of the Court.

In separate cases, the United States Court of Appeals for the Sixth Circuit and the United States Court of Appeals for the Ninth Circuit held that the Double Jeopardy Clause prohibits the Government from both punishing a defendant for a criminal offense and forfeiting his property for that same offense in a separate civil proceeding. We consolidated those cases for our review, and now reverse. These civil forfeitures (and civil forfeitures generally), we hold, do [271]*271not constitute “punishment” for purposes of the Double Jeopardy Clause.

I

No. 95-345: Michigan Police found marijuana growing adjacent to respondent Guy Ursery’s house, and discovered marijuana seeds, stems, stalks, and a grow light within the house. The United States instituted civil forfeiture proceedings against the house, alleging that the property was ' subject to forfeiture under 84 Stat. 1276, as amended, 21 U. S. C. § 881(a)(7), because it had been used for several years to facilitate the unlawful processing and distribution of a controlled substance. Ursery ultimately paid the United States $13,250 to settle the forfeiture claim in full. Shortly before the settlement was consummated, Ursery was indicted for manufacturing marijuana, in violation of § 841(a)(1). A jury found him guilty, and he was sentenced to 63 months in prison.

The Court of Appeals for the Sixth Circuit by a divided vote reversed Ursery’s criminal conviction, holding that the conviction violated the Double Jeopardy Clause of the Fifth Amendment of the United States Constitution. 59 F. 3d 568 (1995). The court based its conclusion in part upon its belief that our decisions in United States v. Halper, 490 U. S. 435 (1989), and Austin v. United States, 509 U. S. 602 (1993), meant that any civil forfeiture under § 881(a)(7) constitutes punishment for purposes of the Double Jeopardy Clause. Ursery, in the court’s view, had therefore been “punished” in the forfeiture proceeding against his property, and could not be subsequently criminally tried for violation of 21 U. S. C. § 841(a)(1).

No. 95-349: Following a jury trial, Charles Wesley Arlt and James Wren were convicted of: conspiracy to aid and abet the manufacture of methamphetamine, in violation of 21 U. S. C. § 846; conspiracy to launder monetary instruments, in violation of 18 U. S. C. § 371; and numerous counts of money laundering, in violation of § 1956. The District Court [272]*272sentenced Arlt to life in prison and a 10-year term of supervised release, and imposed a fine of $250,000. Wren was sentenced to life imprisonment and a 5-year term of supervised release.

Before the criminal trial had started, the United States had filed a civil in rem complaint against various property seized from, or titled to, Arlt and Wren, or Payback Mines, a corporation controlled by Arlt. The complaint alleged that each piece of property was subject to forfeiture both under 18 U. S. C. § 981(a)(1)(A), which provides that “[a]ny property . .. involved in a transaction or attempted transaction in violation of” §1956 (the money-laundering statute) “is subject to forfeiture to the United States”; and under 21 U. S. C. § 881(a)(6), which provides for the forfeiture of (i) “[a]ll... things of value furnished or intended to be furnished by any person in exchange for” illegal drugs, (ii) “all proceeds traceable to such an exchange,” and (iii) “all moneys, negotiable instruments, and securities used or intended to be used to facilitate” a federal drug felony. The parties agreed to defer litigation of the forfeiture action during the criminal prosecution. More than a year after the conclusion of the criminal trial, the District Court granted the Government’s motion for summary judgment in the civil forfeiture proceeding.

Arlt and Wren appealed the decision in the forfeiture action, and the Court of Appeals for the Ninth Circuit reversed, holding that the forfeiture violated the Double Jeopardy Clause. 33 F. 3d 1210 (1994), amended 56 F. 3d 41 (1995). The court’s decision was based in part upon the same view as that- expressed by the Court of Appeals for the Sixth Circuit in Ursery’s case — that our decisions in Halper, supra, and Austin, supra, meant that, as a categorical matter, forfeitures under §§ 981(a)(1)(A) and 881(a)(6) always constitute “punishment.”

We granted the Government’s petition for certiorari in each of the two cases, and we now reverse. 516 U. S. 1070 (1996).

[273]*273II

The Double Jeopardy Clause provides: “[N]or shall any person be subject for the same offence to be twice put in jeopardy of life or limb.” U. S. Const., Arndt.. 5. The Clause serves the function of preventing both “successive punishments and . . . successive prosecutions.” United States v. Dixon, 509 U. S. 688, 696 (1993), citing North Carolina v. Pearce, 395 U. S. 711 (1969). The protection against multiple punishments prohibits the Government from “ ‘punishing twice, or attempting a second time to punish criminally for the same offense.’” Witte v. United States, 515 U. S. 389, 396 (1995) (emphasis deleted), quoting Helvering v. Mitchell, 303 U. S. 391, 399 (1938).

In the decisions that we review, the Courts of Appeals held that the civil forfeitures constituted “punishment,” making them subject to the prohibitions of the Double Jeopardy Clause. The Government challenges that characterization of the forfeitures, arguing that the courts were wrong to conclude that civil forfeitures are punitive for double jeopardy purposes.1

[274]*274A

Since the earliest years of this Nation, Congress has authorized the Government to seek parallel in rem civil forfeiture actions and criminal prosecutions based upon the same underlying events. See, e. g., Act of July 31,1789, ch. 5, § 12, 1 Stat. 39 (goods unloaded at night or without a permit subject to forfeiture and persons unloading subject to criminal prosecution); § 25, id., at 43 (persons convicted of buying or concealing illegally imported goods subject to both monetary fine and in rem forfeiture of the goods); § 34, id., at 46 (imposing criminal penalty and in rem forfeiture where person convicted of relanding goods entitled to drawback); see also The Palmyra, 12 Wheat. 1, 14-15 (1827) (“Many cases exist, where there is both a forfeiture in rem and a personal penalty”); cf. Calero-Toledo v. Pearson Yacht Leasing Co., 416 U. S. 663, 683 (1974) (discussing adoption of forfeiture statutes by early Congresses).

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United States v. Ursery, 518 U.S. 267, 116 S. Ct. 2135, 135 L. Ed. 2d 549, 1996 U.S. LEXIS 4256 (1996).

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