context: Significant differences in opinion clearly exist amongst the Circuits that now have ruled on the issue of whether double jeopardy attaches in a civil forfeiture proceeding to bar a subsequent criminal prosecution for the same offense.
citation_a.signal: see
citation_a.parenthetical: double jeopardy does not attach in civil forfeiture to bar subsequent criminal action
citation_a.sentence: See United States v. Tilley, 18 F.3d 295 (5th Cir.), cert. denied, — U.S. -, 115 S.Ct. 573, 130 L.Ed.2d 490 (1994) (double jeopardy does not attach in civil forfeiture to bar subsequent criminal action); United States v. Clementi, 70 F.3d 997 (8th Cir.1995) (same); but see 405, 33 F.3d 1210 (9th Cir.1994) (civil forfeiture constitutes punishment which bars subsequent criminal prosecution as double jeopardy); United States v. Baird, 63 F.3d 1213 (3d Cir.1995) (separate opinion of Sarokin, J.) (civil forfeiture should constitute punishment for double jeopardy purposes); also compare United States v. Ursery, 59 F.3d 568 (6th Cir.1995) (forfeiture of property used to facilitate drug crimes is punishment for purposes of double jeopardy) with United States v. Salinas, 65 F.3d 551 (6th Cir.1995) (forfeiture of drug proceeds does not constitute punishment for purposes of double jeopardy).
citation_b.signal: but see
citation_b.parenthetical: civil forfeiture constitutes punishment which bars subsequent criminal prosecution as double jeopardy
citation_b.sentence: See United States v. Tilley, 18 F.3d 295 (5th Cir.), cert. denied, — U.S. -, 115 S.Ct. 573, 130 L.Ed.2d 490 (1994) (double jeopardy does not attach in civil forfeiture to bar subsequent criminal action); United States v. Clementi, 70 F.3d 997 (8th Cir.1995) (same); but see 405, 33 F.3d 1210 (9th Cir.1994) (civil forfeiture constitutes punishment which bars subsequent criminal prosecution as double jeopardy); United States v. Baird, 63 F.3d 1213 (3d Cir.1995) (separate opinion of Sarokin, J.) (civil forfeiture should constitute punishment for double jeopardy purposes); also compare United States v. Ursery, 59 F.3d 568 (6th Cir.1995) (forfeiture of property used to facilitate drug crimes is punishment for purposes of double jeopardy) with United States v. Salinas, 65 F.3d 551 (6th Cir.1995) (forfeiture of drug proceeds does not constitute punishment for purposes of double jeopardy).