One Lot Emerald Cut Stones & One Ring v. United States, 409 U.S. 232 (1972). · Go Syfert
One Lot Emerald Cut Stones & One Ring v. United States, 409 U.S. 232 (1972). Cases Citing This Book View Copy Cite
Quick Summary

Civil forfeiture of goods for customs violations is a remedial sanction rather than a criminal punishment and does not violate the double jeopardy clause.

After a defendant was acquitted of criminal smuggling charges due to a lack of proven intent to defraud, the government initiated a civil forfeiture action against the undeclared merchandise. The defendant argued that the acquittal barred the forfeiture under collateral estoppel and the Double Jeopardy Clause of the Fifth Amendment. The Court held that the forfeiture is not barred because the criminal proceeding required proof of intent, whereas the civil forfeiture under 19 U.S.C. § 1497 only requires proof that the property was imported without declaration. Furthermore, the forfeiture is a civil, remedial sanction rather than a criminal punishment, meaning the Double Jeopardy Clause does not apply.

1,736 citation events (242 in the last 25 years) across 140 distinct courts.
Treatment trajectory · 1973 → 2026 · click a year to view as-of
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Cited for
At page 235 “if for no other reason, the forfeiture is not barred by the double jeopardy clause of the fifth amendment because it involves neither two criminal trials nor two criminal punishments.”17 citing cases6 citing courts quote it
  • Mullins v. City of Philadelphia, 287 F. App'x 201 (3d Cir. 2008). 3 cites
    “an acquittal does not constitute an adjudication on the preponderance-of-the-evidence burden applicable in civil proceedings.”
  • 160 Royal Palm, LLC v. Glenn Straub, No. 22-12901 (11th Cir. Mar. 31, 2023).
    See B&B Hardware, Inc. v. Hargis Indus., Inc., 575 U.S. USCA11 Case: 22-12901 Document: 28-1 Date Filed: 03/31/2023 Page: 7 of 10 22-12901 Opinion of the Court 7 138, 154 (2015); One Lot Emerald Cut Stones & One Ring v. United States, 409…
  • Barajas Centeno v. City of Carlsbad, No. 3:19-cv-02098 (S.D. Cal. Apr. 27, 2020).
    The 2 instant case involves “neither two criminal trials nor two criminal punishments.” One Lot 3 Emerald Cut Stones & One Ring v. United States, 409 U.S. 232, 235 (1972). 4 For these reasons, the Court OVERRULES and STRIKES Plaintiff’s do…
  • Hageseth v. Superior Court, 59 Cal. Rptr. 3d 385 (Cal. Ct. App. 2007).
    “may impose both a criminal and a civil sanction in respect to the same act or omission”
  • Krochta v. Commonwealth, 711 N.E.2d 142 (Mass. 1999).
    The Supreme Court later explained that the “primary ruling” of the Dowling case was the conclusion “that the collateral-estoppel component of the Double Jeopardy Clause offered Dowling no protection despite his earlier acquittal, because t…
  • Huelsman v. Kansas Dep't of Revenue, 980 P.2d 1022 (Kan. 1999). 2 cites
    Ed. 684 , 6 S. Ct. 437 (1886)] on the ground that acquittal on the criminal charges in One Lot Emerald Cut Stones did not necessarily resolve the issues in the later forfeiture action. 409 U.S., at 235, n. 5 .” 465 U.S. at 360 .
  • United States v. Hatfield, No. 96-4286 (4th Cir. Mar. 7, 1997).
    If, on the other hand, debarment is a civil proceed- ing, it does not implicate the Double Jeopardy Clause because that clause prohibits "two criminal trials [or] two criminal punishments." One Lot Emerald Cut Stones v. United States, 409…
  • Commonwealth v. Holmgren, 656 N.E.2d 577 (Mass. 1995).
    See Dowling v. United States, 493 U.S. 342, 349 (1990) (“an acquittal in a criminal case does not preclude the Government from relitigating an issue when it is presented in a subsequent action governed by a lower standard of proof’); Unite…
  • People v. $1,930 United States Currency, 38 Cal. App. 4th 834 (Cal. Ct. App. 1995). 2 cites
    (See, e.g., United States v. One Assortment of 89 Firearms (1984) 465 U.S. 354, 362-366 [ 79 L.Ed.2d 361, 368-371 , 104 S.Ct. 1099 ] [“We . . . conclude that the forfeiture mechanism set forth in [18 U.S.C.] § 924(d) is not an additional p…
  • State v. Thierfelder, 495 N.W.2d 669 (Wis. 1993).
    “neither two criminal trials nor two criminal punishments. [The legislature] may impose both a criminal and a civil sanction in respect to the same act or omission; for the double jeopardy clause *221 prohibits merely pu…”
Show 7 more citing cases
  • People v. Hockersmith, 217 Cal. App. 3d 968 (Cal. Ct. App. 1990).
    (See e.g., Arizona v. Rumsey (1984) 467 U.S. 203, 209-211 [ 81 L.Ed.2d 164, 170-171 , 104 S.Ct. 2305 ]; Bullington v. Missouri (1981) 451 U.S. 430, 434-438 [ 68 L.Ed.2d 270, 276-279 , 101 S.Ct. 1852 ]; Breed v. Jones (1975) 421 U.S. 519 […
  • Dowling v. United States, 493 U.S. 342 (1990). 4 cites
    In One Lot Emerald Cut Stones v. United States, 409 U. S. 232, 235 (1972), it was also held that the Double Jeopardy Clause did not bar a forfeiture action subsequent to acquittal on the underlying offense because “the difference in the bu…
  • United States v. Lewis. United States v. Lobasso. United States v. Terrazo. United States v. McGuire. United States v. Smith. United States v. Smith., 880 F.2d 1324 (9th Cir. 1989).
    Given the different standards of proof, the civil adjudication cannot bind the criminal, see generally One Lot Emerald Cut Stones v. United States, 409 U.S. 232, 235 (1972), and the danger exists the jury might be led to conclude that it h…
  • Dep't of Soc. Servs. v. David P., 211 Cal. App. 3d 660 (Cal. Ct. App. 1989).
    That section provides in part: “No dependent child shall be taken from the physical custody of his or her parents . . . unless the juvenile court finds clear and convincing evidence of any of the following:. . . .” It was only upon filing…
  • People v. Bulin, 142 Misc. 2d 776 (1989).
    (See, One Lot Emerald Cut Stones v United States, 409 US 232, 235 [1972]; Matter of Barnes v Tofany, 27 NY2d 74, 78 [1970].) Accordingly, defendant’s motion for an order pursuant to CPL 170.30 (1) (f) dismissing the prosecutor’s informatio…
  • In re Three Video Poker Machines, 529 A.2d 905 (N.H. 1987). 2 cites
    Id. at 357-62 ; One Lot Emerald Cut Stones v. United States, 409 U.S. 232, 235 (1972).
  • United States v. All Beneficial Interest in that Certain Installment Note Dated January 12, 1987 in Principal Ammount of $92,500, 978 F.2d 1266 (9th Cir. 1987).
    See United States v. One Assortment of 89 Firearms, 465 U.S. 354, 364 (1984); One Lot Emerald Cut Stones and One Ring v. United States, 409 U.S. 232, 235-36 (1972); United States v. One 1985 Mercedes, 917 F.2d 415, 419 (9th Cir.1990). 10 T…
At page 237 “a reasonable form of liquidated damages,”16 citing cases8 citing courts quote it
  • Yamhill Cnty. v. Real Prop., 373 Or. 82 (Or. 2024). 2 cites
    (The question of whether a given sanction is civil or criminal is one of statu- tory construction.)
  • United States v. Toth, 33 F.4th 1 (1st Cir. 2022). 2 cites
    (holding that the forfeiture of goods for a failure to pay import duties on them is a "reasonable form of liquidated damages," as the more expensive the illegally imported good, the more the government has likely missed…)
  • Marvin Horne v. Agri, No. 10-15270 (9th Cir. July 25, 2011).
    Although an excessive punitive civil fine is not beyond the Eighth Amend- ment’s reach, Hudson v. United States, 522 U.S. 93, 103 (1997), civil forfeiture that merely “provides a reasonable form of liquidated damages” as compensation for g…
  • United States v. The Painting Known as \Le Marché\"", No. 10-300 (2d Cir. June 3, 2011).
    (noting that the forfeiture remedy provided under 19 U.S.C. § 1497 – another provision of the Tariff Act of 1930 – is a “remedial rather than punitive” remedy)
  • In Re 1650 Cases of Seized Liquor, 721 A.2d 100 (Vt. 1998).
    See United States v. One Assortment of 89 Firearms, 465 U.S. 354, 363 (1984); One Lot Emerald Cut Stones v. United States, 409 U.S. 232, 237 (1972).
  • United States v. Bajakajian, 524 U.S. 321 (1998). 2 cites
    (customs statute requiring the forfeiture of undeclared goods concealed in baggage and imposing a monetary penalty equal to the value of the goods imposed a “remedial, rather than [a] punitive sanctio[n])
  • Town of Hinesburg v. Dunkling, 711 A.2d 1163 (Vt. 1998). 2 cites
    See Ward, 448 U.S. at 248 ; One Lot Emerald Cut Stones v. United States, 409 U.S. 232, 237 (1972).
  • Hudson v. United States, 522 U.S. 93 (1997). 2 cites
    Rex Trailer Co. v. United States, 350 U. S. 148, 154 (1956), cited as secondary authority, required a defendant to show that a “measure of recovery” was “unreasonable or excessive” before “what was clearly intended as a civil remedy [would…
  • Jones v. SEC, No. 95-3119 (4th Cir. June 16, 1997).
    “is so unreasonable or excessive that it transforms what was clearly intended as a civil remedy into a crimi- 17 nal penalty”
  • People v. P.S., 676 N.E.2d 656 (Ill. 1997).
    Emerald Cut Stones, 409 U.S. at 237, 34 L.
Show 6 more citing cases
  • United States v. Ursery, 518 U.S. 267 (1996). 8 cites
    (forfeiture “prevented forbidden merchandise from circulating in the United States)
  • United States v. Burks, 85 F.3d 617 (4th Cir. 1996).
    Austin, 61 U.S.L.W. at 4812-13 n. 2 (citing United States v. One Assortment of 89 Firearms, 465 U.S. 354, 364 (1984); One Lot Emerald Cut Stones v. United States, 409 U.S. 232, 237 (1972)) 3 Thereafter, Burks was cross-examined about his r…
  • People v. Uzquiano, 169 Misc. 2d 109 (Newburgh Just. Ct. 1996).
    Acknowledging that forfeiture of contraband may be characterized as remedial because it removes dangerous or illegal items from society (United States v One Assortment of 89 Firearms, 465 US 354, 364 ), the Court stated (Austin v United St…
  • Dep't of Revenue of Mont. v. Kurth Ranch, 511 U.S. 767 (1994). 4 cites
    United States v. Halper, supra, at 444-446 , and n. 6; see also United States v. Ward, supra, at 254 ; One Lot Emerald Cut Stones v. United States, 409 U. S. 232, 237 (1972); Rex Trailer Co. v. United States, 350 U. S. 148, 153-154 (1956).
  • State v. Deville, 632 So. 2d 1221 (La. Ct. App. 1994).
    See United States v. One Assortment of 89 Firearms, 465 U.S. 354, 364 [ 104 S.Ct. 1099, 1105 , 79 L.Ed.2d 361 ] (1984); One Lot Emerald Cut Stones v. United States, 409 U.S. 232, 237 [ 93 S.Ct. 489, 493 , 34 L.Ed.2d 438 ] (1972); see gener…
  • Austin v. United States, 509 U.S. 602 (1993). 4 cites
    “a reasonable form of liquidated damages”
34 L. Ed. 2d at 442 The forfeiture proceeding and the criminal actions are separate and independent.3 citing cases1 citing court put it this way
  • State v. One Certain Conveyance, 1973 Kenworth Semi-Tractor, Orange Colored, Colorado License No. TA6003, VIN 222740, 316 N.W.2d 675 (Iowa 1982). 3 cites
    (The forfeiture proceeding and the criminal actions are separate and independent.)
  • State v. Solar, 906 S.W.2d 142 (Tex. App.—Fort Worth 1995).
    One Lot Emerald Cut Stones v. United States, 409 U.S. 232, 235-36 , 93 S.Ct. 489, 492 , 34 L.Ed.2d 438, 442 (1972) (per curiam) (quoting Helvering v. Mitchell, 303 U.S. 391, 399 , 58 S.Ct. 630, 633 , 82 L.Ed. 917, 922 (1938)) (emphasis sup…
  • Olson v. Walker, 781 P.2d 1015 (Ariz. Ct. App. 1989). 2 cites
    “the double jeopardy clause prohibits merely punishing twice, or attempting a second time to punish criminally, for the same offense”
At page 234 “collateral estoppel would bar a forfeiture under 1497 if, in the earlier criminal proceeding, the elements of a 1497 forfeiture had been resolved against the government.”3 citing casesthe opinion's own words at *234, quoted by 1 later opinions
  • Gikas v. Zolin, 863 P.2d 745 (Cal. 1993). 2 cites
    It has long been generally held that even an acquittal of criminal charges does not prohibit civil proceedings based upon the same underlying conduct. ( United States v. Ward (1980) 448 U.S. 242, 248, 250 [ 65 L.Ed.2d 742, 749 , 100 S.Ct.…
  • Peretto v. Dep't of Motor Vehs., 235 Cal. App. 3d 449 (Cal. Ct. App. 1991).
    (See One Lot Emerald Cut Stones v. United States (1972) 409 U.S. 232, 234-235 [ 34 L.Ed.2d 438, 441-442 , 93 S.Ct. 489 ]; Cook v. Oberly, supra, 459 A.2d at p. 540 .) The state does not violate due process by imposing both criminal and civ…
  • United States v. Von Neumann, 474 U.S. 242 (1986). 2 cites
    We noted in One Lot Emerald Cut Stones v. United States, 409 U. S. 232, 234 (1972), that in the event an item is not declared at the border under § 1497 "[t]he Government need only prove that the property was brought into the United States…
34 L. Ed. 2d at 443 upholding the forfeiture of goods involved in customs violations as “a reasonable form of liquidated damages2 citing cases1 citing court put it this way
  • Prear v. State, 933 S.W.2d 643 (Tex. App.—San Antonio 1996).
    One Lot Emerald Cut Stones v. United States, 409 U.S. 232, 237 , 93 S.Ct. 489, 493 , 34 L.Ed.2d 438, 443 (1972).
  • State v. McFarlin, 542 N.W.2d 559 (Iowa 1996).
    (upholding the forfeiture of goods involved in customs violations as “a reasonable form of liquidated damages)
At page 236 “the fact that the sanctions are ... separate and distinct ... is relevant in determining the character of the forfeiture.”2 citing casesthe opinion's own words at *236, quoted by 2 later opinions
  • United States v. Schmalfeldt, 657 F. Supp. 385 (W.D. Mich. 1987). 2 cites
    A forfeiture results from the act of importation without following customs procedures; no criminal offense much less a criminal conviction, is requried.” One Lot Stones, 409 U.S. at 236, n. 6 , 93 S.Ct. at 492, n. 6 .
  • Allen v. Illinois, 478 U.S. 364 (1986). 2 cites
    See United States v. Ward, 448 U. S. 242, 248 (1980); One Lot Emerald Cut Stones and One Ring v. United States, 409 U. S. 232, 236-237 (1972).
93 S. Ct. at 491 cited at this page1 citing case
  • People v. Colon, 866 N.E.2d 207 (Ill. 2007).
    Ed. 2d 438, 441-42 , 93 S. Ct. 489, 491-92 (1972), the Court held that the double jeopardy clause did not bar a forfeiture action subsequent to acquittal on the underlying offense because the difference between the burden of proof in a cri…
93 S. Ct. at 493 cited at this page1 citing case
  • State v. Davis, 903 P.2d 940 (Utah Ct. App. 1995). 2 cites
    Furthermore, because “ ‘forfeiture of property ... [is] a penalty that ha[s] absolutely no correlation to any damages sustained by society or to the cost of enforcing the law[,]’” id. at 2812 (quoting United States v. Ward, 448 U.S. 242, 2…
93 S. Ct. at 492 cited at this page1 citing case
Other citing cases1 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
One Lot Emerald Cut Stones and One Ring
v.
United States
72-376.
Supreme Court of the United States.
Dec 11, 1972.
409 U.S. 232
1972 U.S. LEXIS 120
Per Curiam.

On June 5, 1969, Francisco Farkac Klementova entered the United States without declaring to United States Customs one lot of emerald cut stones and one ring. Klementova was indicted, tried, and acquitted of charges of violating 18 U. S. C. § 545 [1] by willfully and know[*233] ingly, with intent to defraud the United States, smuggling the articles into the United States without submitting to the required customs procedures. Following the acquittal, the Government instituted a forfeiture action in the United States District Court, Southern District of Florida, under 18 U. S. C. § 545 and § 497 of the Tariff Act of 1930, 46 Stat. 728, 19 U. S. C. § 1497. [2] Klementova intervened in the proceeding and argued that his acquittal of charges of violating 18 U. S. C. § 545 barred the forfeiture. The District Court held that the forfeiture was barred by collateral estoppel and the Fifth Amendment. The United States Court of Appeals for the Fifth Circuit reversed, holding that a forfeiture action pursuant to 19 U. S. C. § 1497 was not barred by an acquittal of charges of violating 18 U. S. C. § 545. We grant certiorari, affirm, and thereby resolve a conflict among the circuits as to whether a forfeiture is barred in these circumstances. [3]

[*234] Collateral estoppel would bar a forfeiture under § 1497 if, in the earlier criminal proceeding, the elements of a § 1497 forfeiture had been resolved against the Government. Ashe v. Swenson, 397 U. S. 436, 443 (1970). But in this case acquittal on the criminal charge did not necessarily resolve the issues in the forfeiture action. For the Government to secure a conviction under § 545, it must prove the physical act of unlawful importation as well as a knowing and willful intent to defraud the United States. An acquittal on the criminal charge may have involved a finding that the physical act was not done with the requisite intent. Indeed, the court that tried the criminal charge specifically found that the Government had failed to establish intent. [4] To succeed in a forfeiture action under § 1497, on the other hand, the Government need only prove that the property was brought into the United States without the required declaration; the Government bears no burden with respect to intent. Thus, the criminal acquittal may not be regarded as a determination that the property was not unlawfully brought into the United States, and the for[*235] feiture proceeding will not involve an issue previously litigated and finally determined between these parties. [5]

Moreover, the difference in the burden of proof in criminal and civil cases precludes application of the doctrine of collateral estoppel. The acquittal of the criminal charges may have only represented “ 'an adjudication that the proof was not sufficient to overcome all reasonable doubt of the guilt of the accused.’ ” Helvering v. Mitchell, 303 U. S. 391, 397 (1938). As to the issues raised, it does not constitute an adjudication on the preponderance-of-the-evidence burden applicable in civil proceedings. See Murphy v. United States, 272 U. S. 630 (1926); Stone v. United States, 167 U. S. 178 (1897).

If for no other reason, the forfeiture is not barred by the Double Jeopardy Clause of the Fifth Amendment because it involves neither two criminal trials nor two criminal punishments. “Congress may impose both a criminal and a civil sanction in respect to the same act or omission; for the double jeopardy clause prohibits merely[*236] punishing twice, or attempting a second time to punish criminally, for the same offense.” Helvering v. Mitchell, supra, at 399. See also United States ex rel. Marcus v. Hess, 317 U. S. 537 (1943). [6] Forfeiture under § 1497 is a civil sanction. The provision was originally enacted as § 497 of the Tariff Act of 1922, 42 Stat. 964. The Tariff Act of 1930 re-enacted the forfeiture remedy, 46 Stat. 728, and added § 593, 46 Stat. 751, which became 18 U. S. C. § 545. The forfeiture provision fell within Title IY of the Act, which contained the “Administrative Provisions.” Part III of that title, of which § 1497 was a part, dealt with “Ascertainment, Collection, and Recovery of Duties.” Section 545, on the other hand, was part of the “Enforcement Provisions” and became part of the Criminal Code of the United States. The fact that the sanctions were separate and distinct and were contained in different parts of the statutory scheme is relevant in determining the character of the forfeiture. Congress could and did order both civil and criminal sanctions, clearly distinguishing them. There is no[*237] reason for frustrating that design. See Helvering v. Mitchell, supra, at 404.

The § 1497 forfeiture is intended to aid in the enforcement of tariff regulations. It prevents forbidden merchandise from circulating in the United States, and, by its monetary penalty, it provides a reasonable form of liquidated damages for violation of the inspection provisions and serves to reimburse the Government for investigation and enforcement expenses. In other contexts we have recognized that such purposes characterize remedial rather than punitive sanctions. See id., at 401; United States ex rel. Marcus v. Hess, supra, at 549-550; Rex Trailer Co. v. United States, 350 U. S. 148, 151-154 (1956). Moreover, it cannot be said that the measure of recovery fixed by Congress in § 1497 is so unreasonable or excessive that it transforms what was clearly intended as a civil remedy into a criminal penalty. Rex Trailer Co. v. United States, supra, at 154. See Murphy v. United States, supra; United States ex rel. Marcus v. Hess, supra.

“Forfeiture of goods or their value and the payment of fixed or variable sums of money are other sanctions which have been recognized as enforcible by civil proceedings .... In spite of their comparative severity, such sanctions have been upheld against the contention that they are essentially criminal and subject to the procedural rules governing criminal prosecutions.” Helvering v. Mitchell, supra, at 400.

The question of whether a given sanction is civil or criminal is one of statutory construction.- Id., at 399. It appears that the § 1497 forfeiture is civil and remedial, and, as a result, its imposition is not barred by an acquittal of charges of violating § 545.

Affirmed.

1

“Whoever knowingly and willfully, with intent to defraud the United States, smuggles, or clandestinely introduces into the United States any merchandise which should have been invoiced, or makes out or passes, or attempts to pass, through the customhouse any false, forged, or fraudulent invoice, or other document or paper; or

“Whoever fraudulently or knowingly imports or brings into the United States, any merchandise contrary to law, or receives, conceals, buys, sells, or in any manner facilitates the transportation, concealment, or sale of such merchandise after importation, knowing the same to have been imported or brought into the United States contrary to law—
“Shall be fined not more than $10,000 or imprisoned not more than five years, or both.
“Proof of defendant’s possession of such goods, unless explained to the satisfaction of the jury, shall be deemed evidence sufficient to authorize conviction for violation of this section.
“Merchandise introduced into the United States in violation of this section, or the value thereof, to be recovered from any person de[*233] scribed in the first or second paragraph of this section, shall be forfeited to the United States.
“The term ‘United States/ as used in this section, shall not include the Philippine Islands, Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston Island, or Guam.”
2

Title 19 U. S. C. § 1497 provides:

“Any article not included in the declaration and entry as made, and, before examination of the baggage was begun, not mentioned in writing by such person, if written declaration and entry was required, or orally if written declaration and entry was not required, shall be subject to forfeiture and such person shall be liable to a penalty equal to the value of such article.”
3

In United States v. Two Hundred and One Fifty-Pound Bags of Furazolidone, No. 71-1329 (1971), cert. denied, 405 U. S. 964 (1972), the Court of Appeals for the Eighth Circuit affirmed a summary judgment on the basis of a previous acquittal of charges of violating § 545 in favor of the owner of property in a forfeiture action commenced by the Government under 18 U. S. C. § 545 and 19 U. S. C. § 1460. The Court of Appeals for the First Circuit agrees with the view of the Fifth Circuit in the present case. See[*234] Leiser v. United States, 234 F. 2d 648, cert. denied, 352 U. S. 893 (1956).

We need not, and do not, decide whether an acquittal under § 545 bars a forfeiture under § 545.

4

The judge at the criminal trial specifically stated:

“He is, obviously, a sophisticated dealer in emeralds and other jewelry.
“I don’t condone nor do I approve, for one minute, what he did in this instance. I think he knew that that jewelry — that that ring and those emeralds should have been declared.
“He made a declaration of some cigarettes and some whiskey, several other little odd, meager items there, but I’m not persuaded beyond a reasonable doubt that he did what he did with the intent to defraud the United States.”
5

The difference in the issues involved in the criminal proceeding, on the one hand, and the forfeiture action, on the other, serves to distinguish Coffey v. United States, 116 U. S. 436 (1886), relied upon by the District Court in the present case. Coffey involved a forfeiture action commenced after an acquittal. This Court noted, in holding the forfeiture barred, that “[t]he information [for forfeiture] is founded on §§3257, 3450 and 3453; and there is no question, on the averments in the answer, that the fraudulent acts and attempts and intents to defraud, alleged in the prior criminal information, and covered by the verdict and judgment of acquittal, embraced all of the acts, attempts and intents averred in the information in this suit.” Id., at 442. The Court specifically distinguished the situation where “a certain intent must be proved to support the indictment, which need not be proved to support the civil action.” Id., at 443. See also Stone v. United States, 167 U. S. 178 (1897).

6

The District Court relied upon the following language in United States v. U. S. Coin & Currency, 401 U. S. 715, 718 (1971):

“But as Boyd v. United States, 116 U. S. 616, 634 (1886), makes clear, 'proceedings instituted for the purpose of declaring the forfeiture of a man’s property by reason of offences committed by him, though they may be civil in form, are in their nature criminal’ for Fifth Amendment purposes.” (Emphasis in United States v. U. S. Coin & Currency.)

Section 1497 does not result in a forfeiture by reason of the commission of a criminal offense. A forfeiture results from the act of importation without following customs procedures; no criminal offense, much less a criminal conviction, is required. Cf. id., at 718-722.

One 1958 Plymouth Sedan v. Pennsylvania, 380 U. S. 693 (1965), is likewise inapposite for it dealt with a forfeiture that could not be had without a “determination that the criminal law has been violated.” Id., at 701.