Rex Trailer Co. v. United States, 350 U.S. 148 (1956). · Go Syfert
Rex Trailer Co. v. United States, 350 U.S. 148 (1956). Cases Citing This Book View Copy Cite
Quick Summary

Civil sanctions serve the remedial purposes of recognizing societal costs and preventing unjust enrichment (recognizing market and societal costs resulting from wrongdoing and avoidance of unjust enrichment as remedial purposes).

A company purchased vehicles through fraudulent use of veteran priority rights and was subsequently sued by the government under the Surplus Property Act. The company argued that the government's action violated the Fifth Amendment's protection against double jeopardy because the company had already been fined in a prior criminal proceeding regarding the same transactions. The court must determine whether the statutory recovery is civil or penal. Because the statute provides for liquidated damages to address uncertain or unmeasurable losses, and because there is no requirement to show specific damages, the recovery is civil in nature and does not constitute a criminal penalty.

1,244 citation events (279 in the last 25 years) across 125 distinct courts.
Strongest positive: United States v. Peter Navarro (cadc, 2024-04-01)
Treatment trajectory · 1956 → 2026 · click a year to view as-of
1956 1991 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Peter Navarro
D.C. Cir. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the government has the right to make contracts and hold and dispose of property, and, for the protection of its property rights, it may resort to the same remedies as a private person.
discussed Cited as authority (verbatim quote) United States v. Arnold Scheumann
7th Cir. · 1997 · quote attribution · 1 verbatim quote · confidence high
the government has the right to make contracts and hold and dispose of property, and, for the protection of its property rights, it may resort to the same remedies as a private person
discussed Cited as authority (quoted) John Hendrix v. J-M Manufacturing Co., Inc.
9th Cir. · 2023 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence low
a qui tam plaintiff need not prove that the federal government will suffer monetary harm to state a claim under the fca.
examined Cited as authority (quoted) United States Ex Rel. Sanders v. Allison Engine Co. (8×) also: Cited "see", Cited "see, e.g."
6th Cir. · 2006 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence low
indeed, a contractor who submits a false claim for payment may still be liable under the fca for statutory penalties, even if it did not actually induce the government to pay out funds or to suffer any loss.
cited Cited as authority (rule) United States of America ex rel. Uri Bassan v. Omnicare, Inc.
S.D.N.Y. · 2025 · confidence medium
No. 767, at 13 (citing Rex Trailer Co. » United States, 350 U.S. 148, 151-53 (1956), United States ex rel.
discussed Cited as authority (rule) JUNG v. CITY OF PHILADELPHIA
E.D. Pa. · 2025 · confidence medium
STAT. § 3370(d)(5); see also id. § 3116(d)(4) (same). 55 Ward, 448 U.S. at 248–49; Rex Trailer Co. v. United States, 350 U.S. 148, 154 (1956). 56 United States v. Jumper, 74 F.4th 107 , 112–13 (3d Cir. 2023) (quoting Hudson, 522 U.S. at 99– 100), cert. denied, 144 S. Ct. 406 (2023). 57 316 A.3d 1062 (Pa. Commw.
discussed Cited as authority (rule) State of N.Y. ex rel. Edelweiss Fund, LLC v. JPMorgan Chase & Co.
N.Y. Sup. Ct., New York Cty. · 2025 · confidence medium
NYSFCA §192(2) like FCA § 3731(d) merely clarifies that the applicable burden of proof which must be satisfied is “preponderance of the evidence,” and not “clear and convincing evidence.” Thus, the motion seeking reargument must be granted, and upon reargument, the Prior Decision must be modified to provide that Relator’s VRDO conduit bond claims brought under the NYSFCA are dismissed with prejudice solely to the extent that they seek actual damages, but are not dismissed to the extent that they seek civil penalty (see Rex Trailer Co. v United States, 350 US 148, 153, n 5 [1956] [c…
cited Cited as authority (rule) People of Michigan v. Cora Ladane Lymon
Mich. · 2024 · confidence medium
Id. at 154 (emphasis added); ante at 29 n 19.
discussed Cited as authority (rule) City of East St. Louis, Illinois v. Monsanto Corporation
S.D. Ill. · 2024 · confidence medium
Second, even if the legislature indicated an intent for a civil penalty, the Court asks “ ‘whether the statutory scheme was so punitive either in purpose or effect…as to ‘transfor[m] what was clearly intended as a civil remedy into a criminal penalty.’ ” See Hudson, 522 U.S. at 99 (quoting Ward, 448 U.S. at 248-49 ; Rex Trailer Co. v. U.S., 350 U.S. 148, 154 (1956)); accord Nelson, 78 F.4th at 395 .
cited Cited as authority (rule) THE CHOWNS GROUP, LLC v. Grimberg Co., Inc.
E.D. Pa. · 2024 · confidence medium
Rex Trailer Co. v. United States, 350 U.S. 148, 152-53 (1956); United States v. Miller, 645 F.2d 473 (5th Cir.1981); Hutchins, 253 F.3d at 184 .
cited Cited as authority (rule) Cooper v. DE Board of Nursing
Del. · 2021 · confidence medium
Dep’t of Corr., 267 F.3d 251, 255 (3d Cir. 2001) (citing Rex Trailer Co. v. United States, 350 U.S. 148, 154 (1963)). 13 Husbands v. Del.
cited Cited as authority (rule) YOUNG v. THE STATE OF NEW JERSEY
D.N.J. · 2021 · confidence medium
Dep’t of Corr., 267 F.3d 251, 255 (3d Cir. 2001) (quoting Rex Trailer Co. v. United States, 350 U.S. 148, 154 (1956)).
discussed Cited as authority (rule) STATE OF NEW JERSEY VS. RAQUIL K. CLARK (17-09-0862, CUMBERLAND COUNTY AND STATEWIDE)
N.J. Super. Ct. App. Div. · 2020 · confidence medium
Following the two-stage analysis that Hudson prescribes, we conclude (1) the Legislature intended prison disciplinary sanctions to be civil; and (2) in light of a non-exhaustive list of "useful" factors and other considerations, the disciplinary scheme is not "so punitive either in purpose or effect as 'to transform what was clearly intended as a civil remedy into a criminal penalty.'" Ibid. (quoting Rex Trailer Co. v. United States, 350 U.S. 148, 154 (156)).
cited Cited as authority (rule) Meryl Squires-Cannon v. Forest Preserve District of C
7th Cir. · 2018 · confidence medium
No. 16-3131 9 States, 350 U.S. 148, 151 (1956).
cited Cited as authority (rule) Meryl Squires-Cannon v. Forest Preserve District of C
7th Cir. · 2018 · confidence medium
No. 16-3131 9 States, 350 U.S. 148, 151 (1956).
discussed Cited as authority (rule) Ninestar Technology Co. v. International Trade Commission
Fed. Cir. · 2012 · confidence medium
The Court elaborated: Even in those cases where the legislature “has indicated an intention to establish a civil penalty, we have inquired further whether the statutory scheme was so punitive either in purpose or effect,” Ward, 448 U.S. at 248-49 [ 100 S.Ct. 2636 ], as to “transforfm] what was clearly intended as a civil remedy into a criminal penalty,” Rex Trailer Co. v. United States, 350 U.S. 148, 154 [ 76 S.Ct. 219 , 100 L.Ed. 149 ] (1956).
discussed Cited as authority (rule) Settle v. Commonwealth
Va. Ct. App. · 2009 · confidence medium
Even in those cases where the legislature ‘has indicated an intention to establish a civil penalty, we have inquired further whether the statutory scheme was so punitive in purpose or effect,’ id. at 248-49 [ 100 S.Ct. at 2641 ], as to ‘transform what was clearly intended as a civil remedy into a criminal penalty,’ Rex Trailer Co. v. United States, 350 U.S. 148, 154 [ 76 S.Ct. 219, 222 , 100 L.Ed. 149 ] (1956).” Depsky v. Commonwealth, 50 Va.App. 454, 460-61 , 650 S.E.2d 867, 871 (2007) (quoting Hudson v. United States, 522 U.S. 93, 99 , 118 S.Ct. 488, 493 , 139 L.Ed.2d 450 (1997)).
discussed Cited as authority (rule) Pichler v. UNITE
3rd Cir. · 2008 · confidence medium
Liquidated damages have long been used as a substitute for actual damages in situations where “damages are uncertain in nature or amount or are unmeasurable.” Rex Trailer Co. v. United States, 350 U.S. 148, 153 (1956).
discussed Cited as authority (rule) Depsky v. Commonwealth
Va. Ct. App. · 2007 · confidence medium
Even in those cases where the legislature “has indicated an intention to establish a civil penalty, we have inquired further whether the statutory scheme was so punitive in purpose or effect,” id. at 248-49 [, 100 S.Ct. at 2641 ], as to “transform what was clearly intended as a civil remedy into a criminal penalty,” Rex Trailer Co. v. United States, 350 U.S. 148, 154 [ 76 S.Ct. 219, 222 , 100 L.Ed. 149 ] (1956).
cited Cited as authority (rule) United America v. Eghbal
C.D. Cal. · 2007 · confidence medium
Hagood v. Sonoma County Water Agency, 929 F.2d 1416, 1421 (9th Cir.1991) (citing Rex Trailer Co. v. United States, 350 U.S. 148, 153, n. 5 , 76 S.Ct. 219 , 100 L.Ed. 149 (1956)).
discussed Cited as authority (rule) Tauese v. State, Department of Labor & Industrial Relations
Haw. · 2006 · confidence medium
See also One Lot Emerald Cut Stones [, 409 U.S. at 237 , 93 S.Ct. 489 ]; Rex Trailer Co. v. United States, 350 U.S. 148, 154 [, 76 S.Ct. 219 , 100 L.Ed. 149 ] (1956). 448 U.S. at 248-49 , 100 S.Ct. 2636 (citations omitted).
discussed Cited as authority (rule) State ex rel. L.R.
N.J. Super. Ct. App. Div. · 2006 · confidence medium
Determining whether a statute is penal by nature requires a two-step analysis: first, whether the legislature intended to impose a criminal punishment, and if not, whether the statute is “so punitive either in purpose or effect,” United States v. Ward, 448 U.S. 242, 248-49 , 100 S.Ct. 2636, 2641 , 65 L.Ed.2d 742, 749 (1980), “as to ‘transform[ ] what was clearly intended as a civil remedy into a criminal penalty,’ ” id. at 249 , 100 S.Ct. at 2641 , 65 L.Ed.2d at 750 (quoting Rex Trailer Co. v. United States, 350 U.S. 148, 154 , 76 S.Ct. 219, 222 , 100 L.Ed. 149, 155 (1956)). “ �…
discussed Cited as authority (rule) State Ex Rel. Lr
N.J. Super. Ct. App. Div. · 2006 · confidence medium
Determining whether a statute is penal by nature requires a two-step analysis: first, whether the legislature intended to impose a criminal punishment, and if not, whether the statute is "so punitive either in purpose or effect," United States v. Ward, 448 U.S. 242, 248-49 , 100 S.Ct. 2636, 2641 , 65 L.Ed. 2d 742, 749 (1980), "as to `transform[ ] what was clearly intended as a civil remedy into a criminal penalty,'" id. at 249 , 100 S.Ct. at 2641 , 65 L.Ed. 2d at 750 (quoting Rex Trailer Co. v. United States, 350 U.S. 148, 154 , 76 S.Ct. 219, 222 , 100 L.Ed. 149, 155 (1956)). "`[O]nly the clea…
discussed Cited as authority (rule) Commonwealth v. Stump
Roanoke County Cir. Ct. · 2006 · confidence medium
Nonetheless, where the legislature has indicated a civil penalty is involved, Hudson directs that further inquiry must be made as to whether “the statutory scheme was so punitive either in purpose or effect,” as to “transform what was clearly intended as a civil remedy into a criminal penalty.” Ingram, 29 Va. App. at 763 (quoting Rex Trailer Co. v. United States, 350 U.S. 148, 154 (1956)).
discussed Cited as authority (rule) State v. Altus Finance, S.A.
Cal. · 2005 · confidence medium
(See Rex Trailer Co. v. United States (1956) 350 U.S. 148, 150 [ 100 L.Ed. 149 , 76 S.Ct. 219 ] [action for recovery under the Surplus Property Act predicated upon false statements made in obtaining government property]; U.S. v. Mackby (9th Cir. 2003) 339 F.3d 1013, 1018 [action under the FFCA involving fraudulent demands for Medicare reimbursement]; Bly-Magee v. California (9th Cir. 2001) 236 F.3d 1014 , 1017 [qui tarn action under the FFCA seeking to recover allegedly misappropriated federal funds made available to the State of California for vocational rehabilitation services].) Although th…
discussed Cited as authority (rule) 21st Century Insurance v. Superior Court
Cal. Ct. App. · 2005 · confidence medium
Mendoza-Martinez was concerned with the ultimate determination of whether a statute was “penal” ( Mendoza-Martinez, supra, 372 U.S. at p. 164 ), while a later case described Mendoza-Martinez as providing assistance in “distinguishing criminal from civil statutes.” (Kansas v. Hendricks, supra, 521 U.S. at p. 362 .) 6 Flemming v. Nestor (1960) 363 U.S. 603, 617 [ 4 L.Ed.2d 1435 , 80 S.Ct. 1367 ] (concluding statute terminating Social Security benefits for deportees was not penal because it did not impose an affirmative disability or restraint, was not historically considered punishment, …
cited Cited as authority (rule) Government of the Virgin Islands v. Rohn
virginislands · 2004 · confidence medium
Id.; Rex Trailer Co. v. U.S., 350 U.S. 148, 154 (1956).
discussed Cited as authority (rule) State v. Rachel (2×)
Wis. · 2002 · confidence medium
The Court also held that after making the initial determination of legislative intent, the statute must then be scrutinized to determine whether it is" 'so punitive either in purpose or effect' as to 'transfor[m] what was clearly intended as a civil remedy into a criminal penalty.'" Id. (quoting Rex Trailer Co. v. United States, 350 U.S. 148, 154 (1956)) (citations omitted).
discussed Cited as authority (rule) Myrie v. Comm NJ Dept Corr (2×) also: Cited "see"
3rd Cir. · 2001 · confidence medium
Even in those cases where the legislature "has indicated an intention to establish a civil penalty, we have inquired further whether the statutory scheme was so punitive either in purpose or effect," id., at 248- 249, as to "transfor[m] what was clearly intended as a civil remedy into a criminal penalty," Rex Trailer Co. v. United States, 350 U.S. 148, 154 (1956).
discussed Cited as authority (rule) Seling v. Young (2×)
SCOTUS · 2001 · confidence medium
The short of the matter is that, for Double Jeopardy and Ex Post Facto Clause purposes, the question of criminal penalty vel non depends upon the intent of the legislature; * and harsh executive implementation cannot “ transform] what was clearly intended as a civil remedy into a criminal penalty,” Rex Trailer Co. v. United States, 350 U. S. 148, 154 (1956), any more than compassionate executive implementation can transform a criminal penalty into a civil remedy.
discussed Cited as authority (rule) People v. Harvest
Cal. Ct. App. · 2000 · confidence medium
Marcus v. Hess (1943) 317 U.S. 537, 548-552 [ 63 S.Ct. 379, 386-388 , 87 L.Ed. 443 ] [defendants convicted of defrauding government subsequently found liable in qui tarn action for civil penalties, damages, and costs]; Rex Trailer Co. v. U.S. (1956) 350 U.S. 148, 151-154 [ 76 S.Ct. 219, 221-222 , 100 L.Ed. 149 ] [defendants convicted of fraudulently obtaining five war surplus trucks subsequently found liable for civil penalty of $2,000 for each truck]; United States v. Ursery (1996) 518 U.S. 267 [ 116 S.Ct. 2135 , 135 L.Ed.2d 549 ] [defendants convicted of drug-related offenses subsequently li…
discussed Cited as authority (rule) Donuts of Swansea, Inc. v. Commissioner
Mass. Super. Ct. · 2000 · confidence medium
Then, “[e]ven in those cases where the legislature ‘has indicated an intention to establish a civil penalty, [the court] inquire[s] further whether the statutory scheme was so punitive either in purpose or effect,’... as to ‘transform! ] what was clearly intended as a civil remedy into a criminal penalty.’ ” Hudson, 522 U.S. at 99 , quoting Helvering, 303 U.S. at 248-49 , and Rex Trailer Co. v. United States, 350 U.S. 148, 154 (1956).
discussed Cited as authority (rule) Turner v. Glickman
7th Cir. · 2000 · confidence medium
Having found no congressional intent to criminally punish, we must now look for "the clearest proof," Hudson, 118 S.Ct. at 493 , that "the statutory scheme [is] so punitive in purpose or effect," Ward, 448 U.S. at 248-49 , as to "transform what was clearly intended as a civil remedy into a criminal penalty." Rex Trailer Co. v. United States, 350 U.S. 148, 154 (1956); United States v. Newman, 144 F.3d 531, 540 (7th Cir. 1998).
discussed Cited as authority (rule) Desimone v. State
Nev. · 2000 · confidence medium
Second, even in those cases where the legislature has indicated an intention to establish a civil mechanism, this court must inquire further into whether the statutory scheme is so punitive either in purpose or effect, “as to ‘transform] what was clearly intended as a civil remedy into a criminal penalty.’ ” Hudson, 522 U.S. at 99 (quoting Rex Trailer Co. v. United States, 350 U.S. 148, 154 (1956)); see also Ursery, 518 U.S. at 288 (court must first look to whether Congress intended the provision to be civil or criminal and then to whether the proceedings are so punitive in fact as to …
discussed Cited as authority (rule) United States v. Southland Management Corp., Inc. (2×)
S.D. Miss. · 2000 · confidence medium
Hagood v. Sonoma County Water Agency, 929 F.2d 1416, 1421 (9th Cir.1991)(citing Rex Trailer Co. v. United States, 350 U.S. 148, 153, n. 5 , 76 S.Ct. 219, 222, n. 5 , 100 L.Ed. 149 (1956)) (“No damages need be shown in order to recover the penalty.”).
discussed Cited as authority (rule) Auge v. NJ DEPT. OF CORRECTIONS
N.J. Super. Ct. App. Div. · 2000 · confidence medium
If the legislature has characterized an assessment as civil, the court still must determine "`whether the statutory scheme [is] so punitive either in purpose or effect,' as to `transfor[m] what was clearly intended as a civil remedy into a criminal penalty.'" Ibid. (quoting Ward, supra, 448 U.S. at 248-49 , 100 S.Ct. at 2641 , 65 L.Ed. 2d at 749-50 , and Rex Trailer Co. v. United States, 350 U.S. 148, 154 , 76 S.Ct. 219, 222 , 100 L.Ed. 149, 155 (1956)).
discussed Cited as authority (rule) In Re Detention of Turay
Wash. · 1999 · confidence medium
Even in those cases where the legislature `has indicated an intention to establish a civil penalty, we have inquired further whether the statutory scheme was so punitive either in purpose or effect,' id., at 248-249 [ 100 S.Ct. 2636 ], as to `transfor[m] what was clearly intended as a civil remedy into a criminal penalty,' Rex Trailer Co. v. United States, 350 U.S. 148, 154 [, 76 S.Ct. 219 , 100 L.Ed. 149 ] (1956).
discussed Cited as authority (rule) Kellar v. Fayetteville Police Department
Ark. · 1999 · confidence medium
Therefore, because the stated intent is not to punish, we must examine the effects of the Act, looking to see whether it “transform[s] what was clearly intended as a civil remedy into a criminal penalty.” Hudson v. United States, 522 U.S. 93, 99 (1997) (quoting Rex Trailer Co. v. United States, 350 U.S. 148, 154 (1956)).
discussed Cited as authority (rule) In re the Detention of Turay
Wash. · 1999 · confidence medium
Even in those cases where the legislature “has indicated an intention to establish a civil penalty, we have inquired further whether the statutory scheme was so punitive either in purpose or effect,” id., at 248-249, as to “transfer [m] what was clearly intended as a civil remedy into a criminal penalty,” Rex Trailer Co. v. United States, 350 U.S. 148, 154 [, 76 S. Ct. 219 , 100 L.
discussed Cited as authority (rule) Russo v. NJ Dept. of Corrections
N.J. Super. Ct. App. Div. · 1999 · confidence medium
Even in those cases where the legislature has expressed an intention to establish a civil penalty, a court must inquire "whether the statutory scheme [is] so punitive in purpose or effect" as to "transfor[m] what was clearly intended as a civil remedy into a criminal penalty." Ibid. (quoting United States v. Ward, 448 U.S. at 248-49 , 100 S.Ct. at 2641 , 65 L.Ed.2d at 749 & Rex Trailer Co. v. United States, 350 U.S. 148, 154 , 76 S.Ct. 219, 222 , 100 L.Ed. 149, 155 (1956)).
cited Cited as authority (rule) United States v. DeBellas Enterprises, Inc.
Ct. Intl. Trade · 1999 · confidence medium
Hudson, 522 U.S. at 99 (citing Ward, 448 U.S. at 248-49 ; Rex Trailer Co. v. United States, 350 U.S. 148, 154 (1956)).
discussed Cited as authority (rule) Flattum-Riemers v. Flattum-Riemers
N.D. · 1999 · confidence medium
Even in those cases where the legislature “has indicated an intention to establish a civil penalty, we have inquired further whether the statutory scheme was so punitive either in purpose or effect,” id. , at 248-249, as to “transfor[m] what was clearly intended as a civil remedy into a criminal penalty,” Rex Trailer Co. v. United States , 350 U.S. 148, 154 (1956).
discussed Cited as authority (rule) United States v. Mayes
11th Cir. · 1998 · confidence medium
If the legislature intends the penalty to be civil, courts must then “‘inquire[] further whether the statutory scheme was so punitive either in purpose or effect,’ . . . as to ‘transfor[m] what was clearly intended as a civil remedy into a criminal penalty[.]’” 118 S. Ct. at 493 (citing Ward, 448 U.S. at 348 -49 and Rex Trailer Co. v. United States, 350 U.S. 148, 154 (1956)).
examined Cited as authority (rule) Winchester v. Stein (5×) also: Cited "see, e.g."
Wash. · 1998 · confidence medium
Even in those cases where the legislature “has indicated an intention to establish a civil penalty, we have inquired further whether the statutory scheme was so punitive either in purpose or effect,” id., at 248-49 , ... as to “transform] what was clearly intended as a civil remedy into a criminal penalty,” Rex Trailer Co. v. United States, 350 U.S. 148, 154 [, 76 S. Ct. 219, 222 , 100 L.
discussed Cited as authority (rule) Application of the Double Jeopardy Clause to Disgorgement Orders Under the Federal Trade Commission Act
OLC · 1998 · confidence medium
If the legislature “ ‘has indicated an intention to 57 Opinions of the Office o f Legal Counsel m Volume 22 establish a civil penalty, [the court must] inquir[e] further whether the statutory scheme [is] so punitive either in purpose or effect’ as to ‘transform ] what was clearly intended as a civil remedy into a criminal penalty.’ ” Hudson, 522 U.S. at 99 (quoting Ward, 448 U.S. at 248-49 , and Rex Trailer Co. v. United States, 350 U.S. 148, 154 (1956)) (last alteration in original).
discussed Cited as authority (rule) State v. Lomas
Nev. · 1998 · confidence medium
Second, even in those cases where the legislature indicates an intention to establish a civil penalty, a court should inquire further whether the statutory scheme is so punitive either in purpose or effect, “as to ‘transform] what was clearly intended as a civil remedy into a criminal penalty.’ ” Id. at 99, 118 S. Ct. at 493 (quoting Rex Trailer Co. v. United States, 350 U.S. 148, 154 (1956)).
examined Cited as authority (rule) Hudson v. United States (4×)
SCOTUS · 1997 · confidence medium
Even in those eases where the legislature “has indicated an intention to establish a civil penalty, we have inquired further whether the statutory scheme was so punitive either in purpose or effect,” id., at 248-249 , as to “transfor[m] what was clearly intended as a civil remedy into a criminal penalty,” Rex Trailer Co. v. United States, 350 U. S. 148, 154 (1956).
discussed Cited as authority (rule) People v. Afrika
N.Y. Sup. Ct. · 1996 · confidence medium
The second aspect of the court’s inquiry is to determine if the Act is "so punitive in form and effect” as to cause it to be considered punishment, despite the Legislature’s evident intent to the contrary (United States v Ursery, supra, 518 US, at —, 116 S Ct, at 2148 ). " ' "Only the clearest proof’ ’ ” that the Act is, in fact, punitive, will suffice to transform what was intended as a civil remedy into a criminal penalty (United States v One Assortment of 89 Firearms, supra, at 365; Flemming v Nestor, supra, at 617; see also, United States v Ursery, supra, 518 US, at —, 116 …
examined Cited as authority (rule) United States v. Ursery (6×) also: Cited "see", Cited "see, e.g."
SCOTUS · 1996 · confidence medium
Hence, we found that the gun owner had “failed to establish by the ‘clearest proof’ that Congress has provided a sanction so punitive as to ‘transform] what was clearly intended as a civil remedy into a criminal penalty.’” 89 Firearms, supra, at 366 , quoting Rex Trailer Co. v. United States, 350 U. S. 148, 154 (1956).
cited Cited as authority (rule) Ronnie Keyes v. State of Mississippi
Miss. · 1995 · confidence medium
See also One Lot Emerald Cut Stones and One Ring v. United States, 409 U.S. 232, 237 (1972); Rex Trailer Co., Inc. v. United States, 350 U.S. 148, 154 (1956). ¶20.
Retrieving the full opinion text from the archive…
Rex Trailer Co., Inc.
v.
United States
46.
Supreme Court of the United States.
Jan 9, 1956.
350 U.S. 148
1956 U.S. LEXIS 1638
Gustave H. Dongus argued the cause for petitioner. With him on the brief was Bernard Stroyman., Melvin Richter argued the cause for the United States. With him on the brief were Solicitor General Sobeloff and Assistant Attorney General Burger.
Clark, Marcus.
Cited by 411 opinions  |  Published
6 passages pin-cited by 5 cases
Pinpoint authority: #16,421 of 633,719
Citer courts: Supreme Court of Iowa (4) · Sixth Circuit (1) · Ninth Circuit (1) · Court of Appeals of Maryland (1)
Mr. Justice Clark

delivered the opinion of the Court.

Petitioner contends that this action brought by the Government to recover $2,000 on each of five counts of a complaint based on § 26 (b)(1) of the Surplus Property Act of 1944 [1] places it twice in jeopardy in violation[*149] of the Fifth Amendment. In an earlier proceeding it had pleaded nolo contendere to a five-count indictment bottomed on the same five transactions and paid fines in the aggregate amount of $25,000. In the present case the District Court granted the Government’s motion for summary judgment, and the Court of Appeals affirmed, 218 F. 2d 880. We granted certiorari, 349 U. S. 937, to resolve an asserted conflict between the decisions of the Courts of Appeals. [2]

At the close of World War II the Government was faced with the problem of disposing of vast quantities of surplus war materials. A large part of this property, valued at many billions of dollars, was needed to satisfy the civilian demand caused by wartime shortages in consumer goods. To facilitate and regulate the orderly[*150] disposal of this property, Congress passed the Surplus Property Act of 1944, 58 Stat. 765. The stated purposes of this statute included the re-establishment of returning veterans in business, agricultural, or professional life, the discouragement of speculation in surplus property, and the elimination of unusual and excessive profits to speculators. The concern of Congress for returning veterans is emphasized by its 1946 Amendment to the Act, 60 Stat. 168, which gave veterans a priority for the purchase of surplus property, second only to that of the Federal Government, and authorized the Administrator to assign the highest priority to veterans for the purchase of certain items. This legislation thus afforded veterans an opportunity to purchase goods not available elsewhere at a fair price and on good credit terms. The benefits were of great value to the millions of men and women returning to civilian life just after the war.

With this background in mind we may turn to the facts of the present case. In June 1947 the Rex Trailer Company purchased five motor vehicles from the War Assets Administration at Tinker Field, Oklahoma. Rex had only a nonpriority right of purchase under the Surplus Property Act; but, by the fraudulent use of the names of five persons possessing veteran priority rights, it was able to purchase the vehicles. Admittedly, the terms of the statute were violated, but the record does not show petitioner’s gain from the fraud. The United States limited itself to the recovery of the sum of $2,000 for each of the five overt acts alleged in its complaint.

Petitioner’s sole contention is that § 26 (b) (1) provides a criminal penalty and, having once been convicted and fined for the transactions in question, it cannot again be subjected to punishment. The only question for our decision, then, is whether § 26 (b) (1) is civil or penal, for “Congress may impose both a criminal and civil sanction in respect to the same act or omission; for the double[*151] jeopardy clause prohibits merely punishing twice, or attempting a second time to punish criminally, for the same offense.” Helvering v. Mitchell, 303 U. S. 391, 399.

We conclude that the recovery here is civil in nature. The Government has the right to make contracts and hold and dispose of property, and, for the protection of its property rights, it may resort to the same remedies as a private person. Cotton v. United States, 11 How. 229. Liquidated damages are a well-known remedy, and in fact Congress has utilized this form of recovery in numerous situations. In all building contracts, for example, Congress has required the insertion of a liquidated-damage clause which “shall be conclusive and binding upon all parties” without proof of “actual or specific damages sustained . . . .” 32 Stat. 326, 40 U. S. C. § 269. Liquidated-damage provisions, when reasonable, are not to be regarded as penalties, United States v. United Engineering & Contracting Co., 234 U. S. 236, 241, and are therefore civil in nature.

In § 26 of the Surplus Property Act, Congress has provided three alternative remedies. The first provides a recovery of $2,000 plus double the amount of the damage sustained; the second permits a recovery “as liquidated damages” of twice the consideration agreed upon; the third permits the Government to recover the property and retain “as liquidated damages” the consideration it received. These alternative remedies are set out in three consecutively numbered subsections of § 26(b). All three were recognized as civil remedies by Congress before the bill was passed, [3] and the conclusion is inescapable[*152] that each was of the same nature and designed to serve the same purpose. Further, Congress provided in § 26 (d) that: “[t]he civil remedies provided in this section shall be in addition to all other criminal penalties and civil remedies provided by law.”

The case of United States ex rel. Marcus v. Hess, 317 U. S. 537, involved a provision of the False Claims Act, R. S. §§ 5438,3490, 31 U. S. C. § 231, essentially the equivalent of § 26 (b)(1). [4] In Marcus, as here, the defendant had pleaded nolo contendere in an earlier criminal prosecution based on the same transaction. This Court rejected the petitioner’s contention of double jeopardy and held that the statute involved was remedial and not penal, since it was unable to say that the provision for $2,000 plus double damages would “do more than afford the government complete indemnity for the injuries done it.” 317 U. S., at 549. In concluding, it recognized that “[t]he inherent difficulty of choosing a proper specific sum which would give full restitution was a problem for Congress.” 317 U. S., at 552.

It is insisted, however, that the failure of the Government to allege specific damages precludes recovery here. But there is no requirement, statutory or judicial, that specific damages be shown, and this was recognized by[*153] the Court in Marcus. 5 The Government’s recovery here is comparable to the recovery under liquidated-damage provisions which fix compensation for anticipated loss. As this Court recognized in Priebe & Sons v. United States, 332 U. S. 407, 411-412, liquidated damages “serve a particularly useful function when damages are uncertain in nature or amount or are unmeasurable, as is the case in many government contracts. . . .” And the fact that no damages are shown is not fatal. Section 26 (b)(1) merely accomplishes the intended result of Congress by authorizing a separate proceeding for the recovery of a lump sum in damages.

It is obvious that injury to the Government resulted from the Rex Trailer Company’s fraudulent purchase of trucks. It precluded bona fide sales to veterans, decreased the number of motor vehicles available to Government agencies, and tended to promote undesirable speculation. [6] The damages resulting from this injury may be difficult or impossible to ascertain, but it is the[*154] function of liquidated damages to provide a measure of recovery in such circumstances. On this record it cannot be said that the measure of recovery fixed by Congress in the Act is so unreasonable or excessive that it transformed what was clearly intended as a civil remedy into a criminal penalty.

Affirmed.

Mr. Justice Frankfurter concurs in the judgment substantially for the reasons given by him in his opinion in support of the Marcus decision. 317 U. S., at 553.
1

Section 26 of the Surplus Property Act of 1944, 58 Stat. 765, 780, 50 U. S. C. App. (1946 ed.) § 1635, provided in pertinent part:

“(b) Every person who shall use or engage in or cause to be used or engaged in any fraudulent trick, scheme, or device, for the purpose of securing or obtaining, or aiding to secure or obtain, for any person[*149] any payment, property, or other benefits from the United States or any Government agency in connection with the disposition of property under this Act; or who enters into an agreement, combination, or conspiracy to do any of the foregoing—
“(1) shall pay to the United States the sum of $2,000 for each such act, and double the amount of any damage which the United States may have sustained by reason thereof, together with the costs of suit; or
“(2) shall, if the United States shall so elect, pay to the United States, as liquidated damages, a sum equal to twice the consideration agreed to be given by such person to the United States or any Government agency; or
“(3) shall, if the United States shall so elect, restore to the United States the property thus secured and obtained and the United States shall retain as liquidated damages any consideration given to the United States or any Government agency for such property.
“(d) The civil remedies provided in this section shall be in addition to all other criminal penalties and civil remedies provided by law.”
2

In considering whether the statute of limitations contained in 28 U. S. C. § 2462 applied to § 26 (b) (1) of the Surplus Property Act, the Fifth Circuit held §26 (b)(1) to be a civil remedy in United States v. Weaver, 207 F. 2d 796, 797, and the Sixth Circuit held it to be penal in United States v. Witherspoon, 211 F. 2d 858.

3

In referring to these provisions, the Senate Committee on Military Affairs described them as providing for “the civil liability of persons who engage in false, fraudulent, or fictitious activities, or conceal or misrepresent material facts, or act with intent to defraud the United States .... The United States is given the option of electing’ among three different measures of damages.” S. Rep. No. 1057, 78th Cong., 2d Sess. 13-14.

4

The False Claims Act provides that the defrauder “shall forfeit and pay to the United States the sum of $2,000, and, in addition, double the amount of damages which the United States may have sustained by reason of the doing or committing such act, together with the costs of suit; and such forfeiture and damages shall be sued for in the same suit.” United States ex rel. Marcus v. Hess, holding this provision to provide a compensatory civil remedy, was decided on January 18, 1943. The Surplus Property Act, which employed virtually identical language in § 26 (b) (1), was enacted on October 3, 1944. Under these circumstances it would be very difficult to say that these words which provided a civil remedy in the False Claims Act were not intended to provide the same kind of remedy in the Surplus Property Act.

5

On several of the projects involved in the Marcus case, fraud was discovered by the Government in time for payments to be withheld. At trial in the District Court defendants urged that there could be no recovery of a penalty or forfeiture in these instances where no actual damage could be shown. The District Court held that failure to show actual damage in these instances would not preclude recovery under the statute. United States ex rel. Marcus v. Hess, 41 F. Supp. 197, 218. The judgment of the District Court was affirmed here. See United States v. Rohleder, 157 F. 2d 126, 129.

6

It seems quite probable that there is also an element of unjust enrichment to the Rex Trailer Company from its fraudulent purchases. The record is silent on this point and we have not considered it in arriving at our decision, but the fact that Rex was willing to resort to fraud to purchase the vehicles at the veteran’s price strongly suggests an unfair gain from the purchases. The price for sales to priority purchasers was fixed by regulations published in 32 CFR (1946 Supp.) §§8302.8 (d), 8302.11, which provided: “Disposal agencies shall fix the fair value at which property shall be acquired by priority claimants. Such a fair value shall not be greater[*154] than the lowest price which is offered to any trade level at the time of acquisition by the priority claimant, or where the fair value is fixed after examining competitive bids, it shall not be greater than the lowest acceptable bid.”