HUDSON v. UNITED STATES

No. 96-976.

522 U.S. 93 (1997)

HUDSON et al. v. UNITED STATES

United States Supreme Court.

Decided December 10, 1997.


Attorney(s) appearing for the Case

Bernard J. Rothbaum argued the cause for petitioners. With him on the briefs were Jack L. Neville, Jr., Lawrence S. Robbins, C. Merle Gile, James A. Rolfe, and Lynn Pringle.

Deputy Solicitor General Dreeben argued the cause for the United States. With him on the briefs were Acting Solicitor General Dellinger, Acting Assistant Attorney General Keeney, and Paul R. Q. Wolfson.*

Rehnquist, C. J., delivered the opinion of the Court, in which O'Connor, Scalia, Kennedy, and Thomas, JJ., joined. Scalia, J., filed a concurring opinion, in which Thomas, J., joined, p. 106. Stevens, J., p. 106, and Souter, J., p. 112, filed opinions concurring in the judgment. Breyer, J., filed an opinion concurring in the judgment, in which Ginsburg, J., joined, p. 115.


Chief Justice Rehnquist delivered the opinion of the Court.

The Government administratively imposed monetary penalties and occupational debarment on petitioners for violation of federal banking statutes, and later criminally indicted them for essentially the same conduct. We hold that the Double Jeopardy Clause of the Fifth Amendment is not a bar to the later criminal prosecution because the administrative proceedings were...

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