context: In contrast to the well-settled rule for criminal cases, as of this date, the Ninth Circuit has not made a clear statement as to the time when jeopardy attaches in a civil forfeiture case. Several decisions, however, provide guidance on this question.
citation_a.signal: see
citation_a.identifier: 61 F.3d 1422, 1428
citation_a.parenthetical: holding that conviction did not violate double jeopardy where jury was empaneled and sworn in criminal trial before defendant filed answer to forfeiture complaint
citation_a.sentence: See United States v. Kearns, 61 F.3d 1422, 1428 (9th Cir.1995) (holding that conviction did not violate double jeopardy where jury was empaneled and sworn in criminal trial before defendant filed answer to forfeiture complaint); United States v. Barton, 46 F.3d 51, 52 (9th Cir.1995) (jeopardy attaches no earlier than date on which defendant filed answer to forfeiture complaint); see also United States v. Faber, 57 F.3d 873, 874-75 (9th Cir.1995) (conviction does not violate double jeopardy where defendant entered guilty plea before entering into settlement agreement in civil forfeiture proceeding); United States v. Wong, 62 F.3d 1212, 1214-15 (9th Cir.1995) (holding that jeopardy does not attach in the administrative process preliminary to formal forfeiture proceedings even when the petitioner has filed a petition for remission or mitigation); United States v. Sanchez-Cobarruvias, 65 F.3d 781, 783 (9th Cir.1995) (stating that there must be a degree of finality to the civil proceeding before double jeopardy may be deemed to attach).
citation_b.signal: see also
citation_b.identifier: 62 F.3d 1212, 1214-15
citation_b.parenthetical: holding that jeopardy does not attach in the administrative process preliminary to formal forfeiture proceedings even when the petitioner has filed a petition for remission or mitigation
citation_b.sentence: See United States v. Kearns, 61 F.3d 1422, 1428 (9th Cir.1995) (holding that conviction did not violate double jeopardy where jury was empaneled and sworn in criminal trial before defendant filed answer to forfeiture complaint); United States v. Barton, 46 F.3d 51, 52 (9th Cir.1995) (jeopardy attaches no earlier than date on which defendant filed answer to forfeiture complaint); see also United States v. Faber, 57 F.3d 873, 874-75 (9th Cir.1995) (conviction does not violate double jeopardy where defendant entered guilty plea before entering into settlement agreement in civil forfeiture proceeding); United States v. Wong, 62 F.3d 1212, 1214-15 (9th Cir.1995) (holding that jeopardy does not attach in the administrative process preliminary to formal forfeiture proceedings even when the petitioner has filed a petition for remission or mitigation); United States v. Sanchez-Cobarruvias, 65 F.3d 781, 783 (9th Cir.1995) (stating that there must be a degree of finality to the civil proceeding before double jeopardy may be deemed to attach).