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U.S. v. ANDREWS

Nos. 97-3035, 97-3036.

146 F.3d 933 (1998)

UNITED STATES of America, Appellee, v. Arthur R. ANDREWS, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 26, 1998.

Attorney(s) appearing for the Case

L. Barrett Boss, Assistant Federal Public Defender, argued the cause for appellants, with whom A.J. Kramer, Federal Public Defender, and Joseph R. Conte, appointed by the court, were on the briefs.

Barbara J. Valliere, Assistant U.S. Attorney, argued the cause for appellee, with whom Mary Lou Leary, U.S. Attorney, John R. Fisher and Harry R. Benner, Assistant U.S. Attorneys, were on the brief. Elizabeth Trosman, Assistant U.S. Attorney, entered an appearance.

Before: WILLIAMS, ROGERS and GARLAND, Circuit Judges.

GARLAND, Circuit Judge:

Appellants are the chief executive officer and president of a corporation against which the Securities and Exchange Commission (SEC) secured a civil monetary penalty in 1995. In 1996, a grand jury indicted appellants for essentially the same conduct. Appellants contend that the SEC penalty constitutes a punishment that bars their subsequent criminal prosecution under the Double Jeopardy Clause of the Fifth Amendment. We disagree. Whether or...

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