A statutory penalty is civil if Congress expresses a preference for a civil label and the scheme is not so punitive in purpose or effect as to negate that intention.
After an oil spill, a respondent was assessed a civil penalty under the Federal Water Pollution Control Act. The respondent challenged the reporting requirements, arguing that the penalty was sufficiently punitive to trigger the Fifth Amendment's privilege against compulsory self-incrimination. The court must determine whether a statutory penalty is civil or criminal by examining whether Congress expressed a preference for a specific label and whether the statutory scheme is so punitive in purpose or effect as to negate that intention. Because Congress explicitly labeled the sanction a civil penalty and the scheme served remedial purposes, the court holds that the penalty is civil and does not trigger the protections of the Self-Incrimination Clause.
At page 248 Distinguishing civil from criminal penalties under constitutional protections214 citing cases“in establishing the penalizing mechanism, indicated either expressly or impliedly a preference for one label or the other.”
- Garrett v. Williams (INMATE 3), No. 2:17-cv-00470 (M.D. Ala. Feb. 11, 2022).(Of course, the Confrontation Clause is not applicable to civil cases)
- Hudson v. United States, 522 U.S. 93 (1997).published See United States v. One Assortment of 89 Firearms, 465 U. S. 354, 362-366 (1984); United States v. Ward, 448 U. S. 242, 248-249 (1980); Kennedy v. Mendoza-Martinez, 372 U. S. 144, 168-169 (1963); see also Ward, supra, at 254 ("[I]t would…
- Adams v. Jackson, No. 4:24-cv-05041 (E.D. Wash. Oct. 3, 2024).“the protections provided by the sixth amendment are available only 9 in 'criminal prosecutions.”
- Mapfre Preferred Risk Ins. Com. & Reliable Fin. Servs., Inc. v. Estado Libre Asociado, 198 P.R. Dec. 88 (2017).published Id. (“In regard to this latter inquiry, we have noted that ‘only the clearest proof could suffice to establish the unconstitutionality of a statute on such a ground’ ”); id., pág. 251 (“Nor are we persuaded by any of respondent’s other arg…
- Fleming v. Cruz, 62 V.I. 702 (2015).published “the protections provided by the sixth amendment are available only in 'criminal prosecutions.”
- Folk v. Atty. Gen. of Commonwealth of Pa., 425 F. Supp. 2d 663 (W.D. Pa. 2006).published “the protections provided by the sixth amendment are available only in 'criminal prosecutions.”
- United States v. Fleetwood Enter., Inc., 702 F. Supp. 1082 (D. Del. 1988).published “the distinction between a civil penalty and a criminal penalty is of some constitutional import.”
- United States v. Garcia-Oquendo, No. 24-1666 (1st Cir. July 14, 2025).publishedVI. "[T]he protections provided by the Sixth Amendment are available only in 'criminal prosecutions.'" United States v. Ward, 448 U.S. 242, 248 (1980).
- Jung v. City of Philadelphia, No. 2:25-cv-00956 (E.D. Pa. June 30, 2025). Feiock v. Feiock, 485 U.S. 624, 630 (1988)). 51 Kansas v. Hendricks, 521 U.S. 346, 361 (1997) (quoting Allen v. Illinois, 478 U.S. 364, 368 (1986)). 52 Smith v. Doe, 538 U.S. 84, 92 (2003) (citing Flemming v. Nestor, 363 U.S. 603, 617 (196…
- L & S Realty Co. v. Town Bd. of The Town of Hempstead, No. 2:23-cv-06848 (E.D.N.Y. July 16, 2024).United States v. Ward, 448 U.S. 242, 248 , 100 S. Ct. 2636, 2641 (1980).
Show 185 more citing cases
- City of East St. Louis v. Monsanto Corp., 720 F. Supp. 3d 674 (S.D. Ill. 2024).publishedThat is, the Court first inquires as to “whether the legislature, ‘in establishing the penalizing mechanism, indicated either expressly or impliedly a preference for one label or the other.’ ” See id. (citing U.S. v. Ward, 448 U.S. 242, 24…
- Humphrey v. U.S. Fed. Bureau of Investigations, No. 3:22-cv-00193 (D. Alaska Feb. 29, 2024).The overall design and effect of the statute must bear out the non-punitive intent.”16 In United States v. Arzate-Nunez, the Ninth Circuit further expanded on its decision in Huss, holding “that the relevant offense for laws prohibiting ex…
- Doe v. Keel, No. 3:20-cv-02755 (D.S.C. Sept. 29, 2023). The Supreme Court “has often stated that the question whether a particular statutorily defined penalty is civil or criminal is a matter of statutory construction.” United States v. Ward, 448 U.S. 242, 248 (1980).
- Doe v. Keel, No. 3:20-cv-02755 (D.S.C. Sept. 28, 2023). The Supreme Court “has often stated that the question whether a particular statutorily defined penalty is civil or criminal is a matter of statutory construction.” United States v. Ward, 448 U.S. 242, 248 (1980).
- United States v. John Jumper, 74 F.4th 107 (3d Cir. 2023).publishedBeginning with the statutory text, we “ask whether the legislature, ‘in establishing the penalizing mechanism, indicated either expressly or impliedly a preference for one label or the other.’ ” Hudson, 522 U.S. at 99 (quoting United State…
- People v. Superintendent, Woodbourne Corr. Facility, No. 47 (N.Y. June 15, 2023).publishedPetitioner concedes that the legislature did not pass SORA or SARA with punitive intent, a view supported by Supreme Court precedent (see Kansas v Hendricks, 521 US 346, 361 [1997]; United States v Ward, 448 US 242, 248 [1980]).
- Atwell v. Rausch, No. 3:22-cv-00438 (E.D. Tenn. May 12, 2023).To determine whether a law violates the Ex Post Facto Clause, the Court examines (1) “whether the statutory scheme is ‘so punitive either in purpose or effect as to negate [the State’s] intention’ to deem it ‘civil;’” Smith, 538 U.S. at 92…
- Doe v. Lee, No. 3:21-cv-00010 (E.D. Tenn. Apr. 11, 2023).To determine whether a law violates the Ex Post Facto Clause, the Court examines (1) “whether the statutory scheme is ‘so punitive either in purpose or effect as to negate [the State’s] intention’ to deem it ‘civil;’” Smith, 538 U.S. at 92…
- State of New Jersey v. Thomas Fagan, No. A-1030-19 (N.J. Super. Ct. App. Div. July 22, 2022).unpublishedNevertheless, if a statutory scheme is sufficiently "punitive either in purpose or effect," it may "transfor[m] what was clearly intended as a civil remedy into a criminal penalty." Hudson, 522 U.S. at 99 (alteration in original) (quoting…
- Guilday v. Crisis Ctr. at Crozer-chester Med. Ctr., No. 2:21-cv-02010 (E.D. Pa. Mar. 1, 2022).“The protections provided by the Sixth Amendment are explicitly confined to ‘criminal prosecutions,’” Austin v. United States, 509 U.S. 602, 608 (1993) (quoting United States v. Ward, 448 U.S. 242, 248 (1980)), and 6 Plaintiff also asserts…
- Int'l Bhd. Elec v. Farfield Co, 5 F.4th 315 (3d Cir. 2021).published Hudson v. United States, 522 U.S. 93 , 99– 100 (1997) (quoting United States v. Ward, 448 U.S. 242, 248 (1980)).
- Landa v. United States, No. 18-365 (Fed. Cl. Apr. 19, 2021).publishedId. at 1370.13 The court emphasized that “where Congress has indicated an intention to establish a civil penalty, only the clearest proof could suffice to establish that the penalty is penal in nature.” Id. (alterations omitted) (quoting H…
- Nat'l Ass'n for Rational Sexual Offense Laws v. Stein, No. 1:17-cv-00053 (M.D.N.C. Feb. 25, 2021).A. Legislative Intent In determining whether a legislature intended a statute to be punitive or regulatory, a court “must first ask whether the legislature, ‘in establishing the penalizing mechanism, indicated either expressly or impliedly…
- People v. Kochevar, 2020 IL App (3d) 140660-B.publishedThat duty is triggered in a situation such as this, in which a claim has been raised that statutes deemed civil and regulatory appear to have evolved and become “ ‘so punitive either in purpose or effect as to negate [the State’s] intentio…
- State of New Jersey Vs. Raquil K. Clark, No. A-0324-18T2 (N.J. Super. Ct. App. Div. Sept. 9, 2020).unpublishedAs a second stage of analysis, a court will deem a punishment to be criminal if it is "so punitive either in purpose or effect." Ibid. (quoting United States v. Ward, 448 U.S. 242, 248-49 (1980)).
- State of Arizona v. Oscar Pena Trujillo, 462 P.3d 550 (Ariz. 2020).published If the sanction these [statutes] impose is punishment, and it plainly is, the procedural safeguards required as incidents of a criminal prosecution are lacking.” Id. at 167 . ¶82 In United States v. Ward, the Court addressed a statute impo…
- State v. N.R., 451 P.3d 877 (Kan. Ct. App. 2019).publishedIf, however, the intention was to enact a regulatory scheme that is civil and nonpunitive, we must further examine whether the statutory scheme is "'so punitive either in purpose or effect as to negate [the State's] intention' to deem it '…
- United States v. Ursery, 518 U.S. 267 (1996).published
- United States v. Mayes, 158 F.3d 1215 (11th Cir. 1998).published
- Int'l Union v. Bagwell, 512 U.S. 821 (1994).published
- Kansas v. Hendricks, 521 U.S. 346 (1997).published
- LaChance v. Erickson, 522 U.S. 262 (1998).published
- United States v. Balsys, 524 U.S. 666 (1998).published
- Seling v. Young, 531 U.S. 250 (2001).published
- Smith v. Doe, 538 U.S. 84 (2003).published
- Joseph Aruanno v. George Hayman, 384 F. App'x 144 (3d Cir. 2010).unpublished
- United States v. Certain Real Prop. & Premises Known as 38 Whalers Cove Drive, Babylon, 954 F.2d 29 (2d Cir. 1992).published
- Ninestar Tech. Co. v. Int'l Trade Comm'n, 667 F.3d 1373 (Fed. Cir. 2012).published
- Turner, Henry v. Glickman, Daniel R., 207 F.3d 419 (7th Cir. 2000).published
- Lyndonville Sav. Bank & Trust Co. v. Roger R. Lussier, 211 F.3d 697 (2d Cir. 2000).published
- United States v. DeBellas Enter., Inc., 23 Ct. Int'l Trade 600 (Ct. Intl. Trade 1999).published
- State v. MacNab, 51 P.3d 1249 (Or. 2002).published
- Ronnie Keyes v. State of Mississippi, No. 95-KA-01170-SCT (Miss. May 30, 1995).published
- Walter Boots McDerment v. Real Est. Comm'n, No. 97-CC-01230-SCT (Miss. Sept. 4, 1997).published
- Gullickson v. Torkelson Bros., 1999 ND 155.published
- Flattum-Riemers v. Flattum-Riemers, 1999 ND 146.published
- Meinders v. Weber, 2000 S.D. 2, 604 N.W.2d 248.published
- State v. Geise, 2002 S.D. 161, 656 N.W.2d 30.published
- Closs v. South Dakota Bd. of Pardons & Paroles, 2003 S.D. 1, 656 N.W.2d 314.published
- Hirsch v. City of Bowie, No. 98-1551 (4th Cir. Dec. 29, 1998).unpublished
- Steven Waters v. Reagan Farr, 291 S.W.3d 873 (Tenn. 2009).published
- Ingram v. Commonwealth, 514 S.E.2d 792 (Va. Ct. App. 1999).published
- Dep't of Revenue of Mont. v. Kurth Ranch, 511 U.S. 767 (1994).published
- State v. Catlett, 945 P.2d 700 (Wash. 1997).published
- State v. Simeona, 864 P.2d 1109 (Haw. App. 1993).published
- Gikas v. Zolin, 863 P.2d 745 (Cal. 1993).published
- Hill v. State, 898 P.2d 155 (Okla. Crim. App. 1995).published
- State v. Post, 541 N.W.2d 115 (Wis. 1995).published
- State v. Carpenter, 541 N.W.2d 105 (Wis. 1995).published
- State v. Lomas, 955 P.2d 678 (Nev. 1998).published
- People v. Castellanos, 982 P.2d 211 (Cal. 1999).published
- Desimone v. State, 996 P.2d 405 (Nev. 2000).published
- State v. McMaster, 556 N.W.2d 673 (Wis. 1996).published
- State v. Greene, 473 S.E.2d 921 (W. Va. 1996).published
- Hubbart v. Superior Court, 969 P.2d 584 (Cal. 1999).published
- Towers v. City of Chicago, 979 F. Supp. 708 (N.D. Ill. 1997).published
- Doe v. Poritz, 662 A.2d 367 (N.J. 1995).published
- State ex rel. Lr, 890 A.2d 343 (N.J. Super. Ct. App. Div. 2006).published
- Russo v. NJ Dept. of Corr., 737 A.2d 183 (N.J. Super. Ct. App. Div. 1999).published
- In re the Det. of Garren, 620 N.W.2d 275 (Iowa 2000).published
- In re Det. of Bradford, 712 N.W.2d 144 (Iowa 2006).published
- State v. Black, 710 A.2d 428 (N.J. 1998).published
- State v. Widmaier, 724 A.2d 241 (N.J. 1999).published
- Kimmelman v. Henkels & McCoy, Inc., 527 A.2d 1368 (N.J. 1987).published
- In re Prop. Seized From Aronson, 440 N.W.2d 394 (Iowa 1989).published
- Town of Hinesburg v. Dunkling, 711 A.2d 1163 (Vt. 1998).published
- State v. Strong, 605 A.2d 510 (Vt. 1992).published
- United States v. Hawley, 812 F. Supp. 2d 949 (N.D. Iowa 2011).published
- State v. Lawton, 482 N.W.2d 142 (Wis. Ct. App. 1992).published
- In re Alva, 89 Cal. App. 4th 758 (Cal. Ct. App. 2001).published
- People v. Prince, 43 Cal. App. 4th 1174 (Cal. Ct. App. 1996).published
- People v. Wallace, 120 Cal. App. 4th 867 (Cal. Ct. App. 2004).published
- California High. Patrol v. Superior Court, 135 Cal. App. 4th 488 (Cal. Ct. App. 2006).published
- 21st Century Ins. v. Superior Court, 127 Cal. App. 4th 1351 (Cal. Ct. App. 2005).published
- People v. Superior Court (Myers), 50 Cal. App. 4th 826 (Cal. Ct. App. 1996).published
- People v. Superior Court (Moore), 50 Cal. App. 4th 1202 (Cal. Ct. App. 1996).published
- Merin v. Maglaki, 599 A.2d 1256 (N.J. 1992).published
- Riley v. New Jersey State Parole, 32 A.3d 190 (N.J. Super. Ct. App. Div. 2011).published
- People v. Ansell, 24 P.3d 1174 (Cal. 2001).published
- In re Alva, 92 P.3d 311 (Cal. 2004).published
- In re the Civil Commitment of W.X.C., SVP 458-07, 8 A.3d 174 (N.J. 2010).published
- State v. McKeeth, 38 P.3d 1275 (Idaho Ct. App. 2001).published
- Guangdong Wireking Housewares & Hardware Co. v. United States, 745 F.3d 1194 (Fed. Cir. 2014).published
- United States v. Cotton, No. 2010-0126 (D.D.C. Jan. 20, 2011).published
- State v. Henry, 228 P.3d 900 (Ariz. Ct. App. 2010).published
- State v. Kalua, 358 P.3d 750 (Haw. App. 2015).published
- Anna Delia Trevino v. State, No. 03-96-00607-CR (Tex. App. Jan. 8, 1998).unpublished
- Commitment of Michael Fisher v. State, No. 13-01-00714-CV (Tex. App.—Corpus Christi Dec. 18, 2003).published
- United States v. Curtis O'Neal, 180 F.3d 115 (4th Cir. 1999).published
- Doe v. Bredesen, 507 F.3d 998 (6th Cir. 2007).published
- United States v. Gary Van Waeyenberghe, 481 F.3d 951 (7th Cir. 2007).published
- Myrie v. Comm NJ Dept Corr, No. 99-6059 (3d Cir. Sept. 21, 2001).
- United States v. Martin D. Perry, 152 F.3d 900 (8th Cir. 1998).published
- Ronald Dean Swartz v. Ken Burger, 412 F.3d 1008 (8th Cir. 2005).published
- United States v. Cyril S. Plumman, 409 F.3d 919 (8th Cir. 2005).published
- Students for Sensible Drug Policy Found. v. Spellings, 523 F.3d 896 (8th Cir. 2008).published
- State v. Petersen-Beard, 377 P.3d 1127 (Kan. 2016).published
- In re Commitment of Michael Loeviticus Terry, No. 09-15-00500-CV, 2016 WL 7323299 (Tex. App.—Beaumont Dec. 15, 2016).published
- Sixth Amendment Implications of Law Enf't Contact with Corp. Executives (OLC 1994).published
- Matter of Devine v. Annucci, 150 A.D.3d 1104 (N.Y. App. Div. 2d Dep't 2017).published
- Commonwealth v. Muniz, J., 164 A.3d 1189 (Pa. 2017).published
- State v. Meredith, 399 P.3d 859 (Kan. 2017).published
- In re Det. Of Willie Bradford, No. 138 / 04-1707 (Iowa Apr. 7, 2006).published
- People v. Tetter, 2018 IL App (3d) 150243.published
- Ames v. Comm'r, 112 T.C. 304 (Tax Ct. 1999).published
- People v. Kochevar, 2018 IL App (3d) 140660.published
- Thomas F. Worthy v. City of Phenix City, 930 F.3d 1206 (11th Cir. 2019).published
- State v. Biddle, 187 So. 3d 1122 (Ala. 2015).published
- Kenneth Robert Crawford v. State of Alabama., 92 So. 3d 168 (Ala. Crim. App. 2011).published
- People v. Cosgrove, 100 Cal. App. 4th 1266 (Cal. Ct. App. 2002).published
- People v. Foster, 87 A.D.3d 299 (N.Y. App. Div. 2d Dep't 2011).published
- Luk v. Commonwealth, 658 N.E.2d 664 (Mass. 1995).published
- Doe v. Attorney Gen., 686 N.E.2d 1007 (Mass. 1997).published
- Powers v. Commonwealth, 694 N.E.2d 324 (Mass. 1998).published
- Comm'r of Revenue v. Mullins, 702 N.E.2d 1 (Mass. 1998).published
- Commonwealth v. Bruno, 735 N.E.2d 1222 (Mass. 2000).published
- Police Dep't of Salem v. Sullivan, 953 N.E.2d 188 (Mass. 2011).published
- Gordon v. Registry of Motor Vehs., 912 N.E.2d 9 (Mass. App. Ct. 2009).published
- State v. Ankney, 766 P.2d 1131 (Wash. Ct. App. 1989).published
- State v. Schubert, 53 A.3d 1210 (N.J. 2012).published
- Doe v. Dep't of Pub. Saf. & Corr. Servs., 62 A.3d 123 (Md. 2013).published
- In re 1994 Chevrolet Cavalier VIN 1G1JF14T7R7112126 New Hampshire Reg. AWT291, 708 A.2d 397 (N.H. 1998).published
- Rohn v. Gov't of the Virgin Islands, 47 V.I. 682 (D.V.I. 2006).published
- State v. West, 2011 WI 83, 800 N.W.2d 929.published
- Apostolopoulos v. Massachusetts Registry of Motor Vehs., 21 Mass. L. Rptr. 616 (Mass. Super. Ct. 2006).published
- Banco Bilbao Vizcaya v. Estado Libre Asociado, 195 P.R. Dec. 39 (2016).published
- Mapfre Praico Ins. Co. v. Estado Libre Asociado, 195 P.R. Dec. 86 (2016).published
- State v. McKenzie, 736 S.E.2d 591 (N.C. Ct. App. 2013).published
- Georgia Dep't of Human Servs. v. Steiner, 303 Ga. 890 (2018).published
- James Jones v. Harry, No. 25-1387 (3d Cir. Aug. 7, 2025).unpublished
- Sharkey, No. 2:25-cv-00549 (D. Nev. July 10, 2026).
- Terrence Johnson v. Phil Bredesen, 624 F.3d 742 (6th Cir. 2010).published
- Sequoia Books, Inc. v. Dallas Ingemunson, 901 F.2d 630 (7th Cir. 1990).published
- Craig J. Lacrosse v. Commodity Futures Trading Comm'n, 137 F.3d 925 (7th Cir. 1998).published
- John Doe I v. Ronald O. Otte & Bruce m.botelho, 248 F.3d 832 (9th Cir. 2001).published
- John Doe I v. Ronald O. Otte, 259 F.3d 979 (9th Cir. 2001).published
- Myrie v. Comm'r, N.J. Dep't of Corr., 267 F.3d 251 (3d Cir. 2001).published
- Kenneth H. Reiserer Reiserer & Agee LLP v. United States, 479 F.3d 1160 (9th Cir. 2007).published
- Ralph Garrison v. State of Mississippi, No. 2005-KA-01512-SCT (Miss. July 29, 2005).published
- Wheeler v. Idaho Dep't of Health & Welfare, 207 P.3d 988 (Idaho 2009).published
- State v. Delap, 772 P.2d 1268 (Mont. 1989).published
- In the Interest of M.D., 1999 ND 160, 598 N.W.2d 799.published
- Dolores Davis v. Cnty. of Fairfax, No. 1697084 (Va. Ct. App. Mar. 2, 2010).unpublished
- Matter of Pers. Restraint of Young, 857 P.2d 989 (Wash. 1993).published
- State v. Noble, 808 P.2d 325 (Ariz. Ct. App. 1991).published
- State v. McCuin, 808 P.2d 332 (Ariz. Ct. App. 1991).published
- State v. Davis, 972 P.2d 388 (Utah 1998).published
- State v. Noble, 829 P.2d 1217 (Ariz. 1992).published
- Duncan v. Norton, 974 F. Supp. 1328 (D. Colo. 1997).published
- Taylor v. Sherrill, 819 P.2d 921 (Ariz. 1991).published
- Young v. Weston, 898 F. Supp. 744 (W.D. Wash. 1995).published
- State v. McKinney, 575 N.W.2d 841 (Minn. Ct. App. 1998).published
- Dean v. State, 60 S.W.3d 217 (Tex. App.—Houston [14th Dist.] 2001).published
- United States v. United States Currency in the Amount of One Hundred Forty-Five Thousand, 803 F. Supp. 592 (E.D.N.Y. 1992).published
- Massachusetts v. Schering-Plough Corp., 779 F. Supp. 2d 224 (D. Mass. 2011).published
- Kellar v. Fayetteville Police Dep't, 5 S.W.3d 402 (Ark. 1999).published
- Rehg v. Illinois Dep't of Revenue, 605 N.E.2d 525 (Ill. 1992).published
- Purcell v. United States, 594 A.2d 527 (D.C. 1991).published
- Johnson v. City of Cincinnati, 119 F. Supp. 2d 735 (S.D. Ohio 2000).published
- Robledo v. City of Chicago, 444 F. Supp. 2d 895 (N.D. Ill. 2006).published
- Ex Parte Ward, 964 S.W.2d 617 (Tex. Crim. App. 1998).published
- Peavy v. Harman, 37 F. Supp. 2d 495 (N.D. Tex. 1999).published
- A.A. v. New Jersey, 176 F. Supp. 2d 274 (D.N.J. 2001).published
- State v. Converse, 78 So. 3d 78 (Fla. 5th DCA 2012).published
- State v. One 1980 Cadillac, 2001 UT 26, 21 P.3d 212.published
- In re the Discipline of Ennenga, 2001 UT 111, 37 P.3d 1150.published
- State v. Kirby, 2003-NMCA-074, 70 P.3d 772.published
- Tuan Chu v. State of Indiana, 991 N.E.2d 142 (Ind. Ct. App. 2013).published
- Doe v. Thompson, 373 P.3d 750 (Kan. 2016).published
- Application of the Double Jeopardy Clause to Disgorgement Orders Under the Fed. Trade Comm'n Act (OLC 1998).published
- Winchester v. Stein, 959 P.2d 1077 (Wash. 1998).published
- In re the Det. of Turay, 986 P.2d 790 (Wash. 1999).published
- DeVita v. Dist. of Columbia, 74 A.3d 714 (D.C. 2013).published
- State v. Hubbard (Slip Opinion), 2021-Ohio-3710, 189 N.E.3d 720.published
- Commonwealth v. Stone S., 697 N.E.2d 146 (Mass. App. Ct. 1998).published
- State v. Casalicchio, 569 N.E.2d 916 (Ohio 1991).published
- State ex rel. Celebrezze v. Hughes, 569 N.E.2d 1059 (Ohio 1991).published
- State v. Cook, 700 N.E.2d 570 (Ohio 1998).published
- State v. Uskert, 709 N.E.2d 1200 (Ohio 1999).published
- Ga. Dep't of Human Servs. v. Steiner, 815 S.E.2d 883 (Ga. 2018).published
- State v. Stewart, 1999 ND 154, 598 N.W.2d 773.published
- In re Appeal of: T. Heinz ~ Appeal of: T. Heinz, 316 A.3d 1062 (Pa. Commw. Ct. 2024).published
- Tsinberg v. City of New York, No. 1:20-cv-00749, 2021 WL 1146942 (S.D.N.Y. Mar. 25, 2021).
- State v. Cook, 83 Ohio St. 3d 404 (1998).published
- State v. Uskert, 85 Ohio St. 3d 593 (1999).published
At page 249 Determining if civil penalties are so punitive as to be criminal82 citing cases“so punitive either in purpose or effect as to negate that intention.”
- In re Oil Spill by Oil Rig "Deepwater Horizon", 841 F. Supp. 2d 988 (E.D. La. 2012).published But cf. United States v. Ward, 448 U.S. 242, 249, 254 , 100 S.Ct. 2636 , 65 L.Ed.2d 742 (1980). 17 This indicates that, similar to punitive damages, public policy prohibits contractual indemnification for civil penalties under CWA Section…
- People of Michigan v. Cora Ladane Lymon, 29 N.W.3d 58 (Mich. 2024).published The argument fails to address the fundamental import of the registry: to provide public information about persons who have definitively committed crimes and therefore provide the public with the knowledge to “take the precautions they deem…
- United States v. Gaynor, No. 2:21-cv-00382 (M.D. Fla. Sept. 6, 2023).(‘[W]e believe it quite clear that Congress intended to impose a civil penalty upon persons in [defendant’s] position’ based on Congress’s label)
- Hudson v. United States, 522 U.S. 93 (1997).published See United States v. One Assortment of 89 Firearms, 465 U. S. 354, 362-366 (1984); United States v. Ward, 448 U. S. 242, 248-249 (1980); Kennedy v. Mendoza-Martinez, 372 U. S. 144, 168-169 (1963); see also Ward, supra, at 254 ("[I]t would…
- Mapfre Preferred Risk Ins. Com. & Reliable Fin. Servs., Inc. v. Estado Libre Asociado, 198 P.R. Dec. 88 (2017).published “in regard to this latter inquiry, we have noted that 'only the clearest proof could suffice to establish the unconstitutionality of a statute on such a ground”
- Artway v. Attorney Gen. of New Jersey, 81 F.3d 1235 (3d Cir. 1996). “this list of considerations, while certainly neither exhaustive nor dispositive, has proved helpful in our own consideration of similar questions and provides some guidance.”
- Alexander A. Artway v. The Attorney Gen. of the State of New Jersey Chief of Police of Woodbridge Twp., New Jersey the Superintendent of the New Jersey State Police Attorney Gen. of New Jersey & Superintendent of the New Jersey State Police, in No. 95-5157. Alexander A. Artway v. The Attorney Gen. of the State of New Jersey Chief of Police of Woodbridge Twp., New Jersey the Superintendent of New Jersey State Police Chief of Police of Woodbridge Twp., New Jersey in No. 95-5194. Alexander A. Artway v. The Attorney Gen. of the State of New Jersey Chief of Police of Woodbridge Twp., New Jersey the Superintendent of New Jersey State Police Alexander A. Artway, in No. 95-5195, 81 F.3d 1235 (3d Cir. 1996).published “this list of considerations, while certainly neither exhaustive nor dispositive, has proved helpful in our own consideration of similar questions and provides some guidance.”
- Timothy Paul Beagle v. People of the State of Colorado, 2026 CO 24, 588 P.3d 697.publishedThese seven factors are "'neither exhaustive nor dispositive,'" but are instead "'useful guideposts,'" that are "designed to apply in various constitutional contexts." Smith , 538 U.S. at 97 (first quoting United States v. Ward , 448 U.S.…
- Ellingburg v. United States, No. 24-482, 2026 WL 135982 (U.S. Jan. 20, 2026).publishedThis Court’s own precedents admit that the twelve factors are “neither exhaustive nor dispositive,” United States v. Ward, 448 U. S. 242, 249 (1980), and need not be given equal weights, Smith, 538 U. S., at 105 .
- Donaldson v. City of El Reno, 2025 OK 9, 565 P.3d 346.published Starkey , 2013 OK 43 Smith , 538 U.S. at 97 (quoting United States v. Ward , 448 U.S. 242, 249 (1980)); see Starkey , 2013 OK 43 Mendoza-Martinez factors, the United States Supreme Court has said: "Because we ordinarily defer to the legisl…
Show 68 more citing cases
- State v. P.R.Y., 562 P.3d 885 (Ariz. Ct. App. 2025).publishedTo do so, we consider the enumerated factors in Kennedy v. Mendoza-Martinez, 372 U.S. 144, 168-69 (1963), as this court applied in Haverstick, 234 Ariz. at 167 , ¶ 15: (1) “[w]hether the sanction involves an affirmative disability or restr…
- Nat'l Assoc. For Rational Sexual Offense Laws v. Joshua Stein, 112 F.4th 196 (4th Cir. 2024).published Smith, 538 U.S. at 97 (quoting United States v. Ward, 448 U.S. 242, 249 (1980)).
- L & S Realty Co. v. Town Bd. of The Town of Hempstead, No. 2:23-cv-06848 (E.D.N.Y. July 16, 2024).United States v. Ward, 448 U.S. 242, 248 , 100 S. Ct. 2636, 2641 (1980).
- Kwok Sum Wong v. Garland, 95 F.4th 82 (2d Cir. 2024).publishedCf. United States v. Ward, 448 U.S. 242, 249 (1980) 19 (analyzing whether a civil penalty “provided for sanctions so punitive as to transform what was clearly intended as a civil remedy into a criminal penalty” (alterations and internal qu…
- Doe v. Keel, No. 3:20-cv-02755 (D.S.C. Sept. 29, 2023). The Supreme Court “has often stated that the question whether a particular statutorily defined penalty is civil or criminal is a matter of statutory construction.” United States v. Ward, 448 U.S. 242, 248 (1980).
- Doe v. Keel, No. 3:20-cv-02755 (D.S.C. Sept. 28, 2023). The Supreme Court “has often stated that the question whether a particular statutorily defined penalty is civil or criminal is a matter of statutory construction.” United States v. Ward, 448 U.S. 242, 248 (1980).
- Com. v. Clapper, D., No. 1059 WDA 2022 (Pa. Super. Ct. May 9, 2023).unpublishedAs we have not found the requisite “clearest proof” -7- Subchapter I is punitive, we may not “override legislative intent and transform what has been denominated a civil remedy into a criminal penalty[.]” Hudson v. United States, 522 U.S.…
- In the Matter of Cash-N-Go, 286 A.3d 53 (Md. Ct. Spec. App. 2022).published The Court has additionally clarified that “‘only the clearest proof could suffice to establish the unconstitutionality’ of sanctions imposed by the government[.]” Garrity, 447 Md. at 384 (quoting United States v. Ward, 448 U.S. 242, 249 (1…
- M.G. v. P.S.P., No. 201 M.D. 2019 (Pa. Commw. Ct. Sept. 25, 2020).unpublishedAs we have not found the requisite ‘clearest proof’ Subchapter I [of SORNA II] is punitive, we may not ‘override legislative intent and transform what has been denominated a civil remedy into a criminal penalty[.]’ Hudson v. [U.S.], 522 U.…
- Com. v. Smith, C., No. 1268 MDA 2019 (Pa. Super. Ct. Sept. 15, 2020).unpublishedAs we have not found the requisite “clearest proof” Subchapter I is punitive, we may not “override legislative intent and transform what has been denominated a civil remedy into a criminal penalty[.]” Hudson v. United States, 522 U.S. 93,…
- Com. v. McManus, D., No. 267 EDA 2019 (Pa. Super. Ct. Aug. 27, 2020).unpublishedAs we have not found the requisite “clearest proof” Subchapter I is punitive, we may not “override legislative intent and transform what has been denominated a civil remedy into a criminal penalty[.]” Hudson v. United States, 522 U.S. 93,…
- Commonwealth v. Witmayer, M., No. 64 MAP 2018 (Pa. July 21, 2020).publishedThe factors shall be considered “neither exhaustive nor dispositive.” United States v. Ward, 448 U.S. 242, 249 (1980).
- State of Arizona v. Oscar Pena Trujillo, 462 P.3d 550 (Ariz. 2020).published If the sanction these [statutes] impose is punishment, and it plainly is, the procedural safeguards required as incidents of a criminal prosecution are lacking.” Id. at 167 . ¶82 In United States v. Ward, the Court addressed a statute impo…
- United States v. Edward Wass, 954 F.3d 184 (4th Cir. 2020).publishedSmith, 538 U.S. at 97 (quoting United States v. Ward, 448 U.S. 242, 249 (1980)).
- United States v. Mayes, 158 F.3d 1215 (11th Cir. 1998).published
- Joseph Aruanno v. George Hayman, 384 F. App'x 144 (3d Cir. 2010).unpublished
- Gullickson v. Torkelson Bros., 1999 ND 155.published
- People v. Castellanos, 982 P.2d 211 (Cal. 1999).published
- Doe v. Poritz, 662 A.2d 367 (N.J. 1995).published
- In re the Det. of Garren, 620 N.W.2d 275 (Iowa 2000).published
- State v. Strong, 605 A.2d 510 (Vt. 1992).published
- People v. Ansell, 24 P.3d 1174 (Cal. 2001).published
- Myrie v. Comm NJ Dept Corr, No. 99-6059 (3d Cir. Sept. 21, 2001).
- Kenneth Robert Crawford v. State of Alabama., 92 So. 3d 168 (Ala. Crim. App. 2011).published
- Luk v. Commonwealth, 658 N.E.2d 664 (Mass. 1995).published
- Rohn v. Gov't of the Virgin Islands, 47 V.I. 682 (D.V.I. 2006).published
- United States v. One Assortment of 89 Firearms, 465 U.S. 354 (1984).published
- Sedima, S. P. R. L. v. Imrex Co., 473 U.S. 479 (1985).published
- Joseph A. Roach v. Nat'l Transp. Saf. Bd., 804 F.2d 1147 (10th Cir. 1986).published
- Gardner v. City of Columbus, 841 F.2d 1272 (6th Cir. 1988).published
- United States v. W.B.H., 664 F.3d 848 (11th Cir. 2011).published
- Doe v. Pataki, 120 F.3d 1263 (2d Cir. 1997).published
- Sec. & Exch. Comm'n v. Joseph C. Palmisano, 135 F.3d 860 (2d Cir. 1998).published
- Evelyn Bevis v. City of New Orleans, No. 11-30711, 2012 WL 2093773 (5th Cir. July 17, 2012).published
- State of Tennessee v. John Shields, No. W2007-01861-CCA-R9-CD (Tenn. Crim. App. Oct. 7, 2008).published
- Commonwealth v. Williams, 832 A.2d 962 (Pa. 2003).published
- State of Arkansas ex rel. Bryant v. Dow Chem. Co., 981 F. Supp. 1170 (E.D. Ark. 1997).published
- Roman Catholic Bishop v. Superior Court, 128 Cal. App. 4th 1155 (Cal. Ct. App. 2005).published
- United States v. Collette, 892 F. Supp. 232 (D. Alaska 1995).published
- State v. Bowditch, 700 S.E.2d 1 (N.C. 2010).published
- Shavitz v. City of High Point, 270 F. Supp. 2d 702 (M.D.N.C. 2003).published
- Wilbros, LLC v. State, 755 S.E.2d 145 (Ga. 2014).published
- Com. v. Kukday, K., No. 2403 EDA 2013 (Pa. Super. Ct. Dec. 23, 2014).unpublished
- Ex Parte Necessary, 333 S.W.3d 782 (Tex. App.—Houston [1st Dist.] 2011).published
- State v. Eduardo Almendarez, No. 13-09-00282-CR (Tex. App.—Corpus Christi Dec. 10, 2009).published
- Manuel Sotelo v. State, No. 13-09-00024-CR (Tex. App.—Corpus Christi Dec. 10, 2009).published
- Roger Sanders v. Allison Engine Co., No. 10-3821 (6th Cir. Nov. 2, 2012).published
- United States v. James Lippert, 148 F.3d 974 (8th Cir. 1998).published
- James A. Burr v. Leo Snider, 234 F.3d 1052 (8th Cir. 2000).published
- Scott Hitch v. State of Indiana, 51 N.E.3d 216 (Ind. 2016).published
- Nowakowski v. New York, 835 F.3d 210 (2d Cir. 2016).published
- Whether a Former President May Be Indicted & Tried for the Same Offenses for Which He Was Impeached by the House & Acquitted by the Senate (OLC 2000).published
- v. Pellegrin, 2021 COA 118, 500 P.3d 384.published
- Commonwealth v. CSX Transp., Inc., 708 A.2d 138 (Pa. Commw. Ct. 1998).published
- People v. Harvest, 84 Cal. App. 4th 631 (Cal. Ct. App. 2000).published
- People v. Sprint Nextel Corp., 41 Misc. 3d 511 (N.Y. Sup. Ct. 2013).published
- Doe v. Pataki, 120 F.3d 1263 (2d Cir. 1997).published
- Temple-Inland, Inc. v. Cook, 192 F. Supp. 3d 527 (D. Del. 2016).published
- State v. Fitzgerald, 622 A.2d 1245 (N.H. 1993).published
- Doe v. State, 111 A.3d 1077 (N.H. 2015).published
- Donuts of Swansea, Inc. v. Comm'r, 12 Mass. L. Rptr. 456 (Mass. Super. Ct. 2000).published
- Brau Serrano v. Bajo Palabra, 7 T.C.A. 283 (2001).published
- United States v. Schwarzbaum, No. 9:18-cv-81147 (S.D. Fla. May 18, 2020).
- State v. McCuin, 808 P.2d 332 (Ariz. Ct. App. 1991).published
- Purcell v. United States, 594 A.2d 527 (D.C. 1991).published
- State v. Converse, 78 So. 3d 78 (Fla. 5th DCA 2012).published
- Tuan Chu v. State of Indiana, 991 N.E.2d 142 (Ind. Ct. App. 2013).published
- Application of the Double Jeopardy Clause to Disgorgement Orders Under the Fed. Trade Comm'n Act (OLC 1998).published
At page 254 Analyzing penalty nature for self-incrimination clause13 citing casesrecognizing repayment of damages to society as remedial
- Hudson v. United States, 522 U.S. 93 (1997).published ([I]t would be quite anomalous to hold that [the statute] created a criminal penalty for the purposes of the Self-Incrimination Clause but a civil penalty for all other purposes)
- F.P. Dev., LLC. v. Charter Twp. of Canton, Mich., 16 F.4th 198 (6th Cir. 2021).publishedAustin, 509 U.S. at 621 (quoting United States v. Ward, 448 U.S. 242, 254 (1980)).
- United States v. Ursery, 518 U.S. 267 (1996).published
- State v. Henry, 228 P.3d 900 (Ariz. Ct. App. 2010).published
- United States v. Tilley, No. 93-01394 (5th Cir. Mar. 23, 1994).published
- United States v. Gonzalez, 76 F.3d 1339 (5th Cir. 1996).published
- Bennis v. Michigan, 516 U.S. 442 (1996).published
- United States v. Jerry Wayne Tilley, 18 F.3d 295 (5th Cir. 1994).published
- State ex rel. Humphrey v. Alpine Air Prods., Inc., 500 N.W.2d 788 (Minn. 1993).published
- United States v. Gordon, 634 F. Supp. 409 (Ct. Intl. Trade 1986).published
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- Dana's R.R. Supply v. Attorney Gen., 807 F.3d 1235 (11th Cir. 2015).published
- 2004 Dodge Ram 1500 TX LP CPL1988 & 2000 Buick TX LP CV1N817 v. State, No. 03-14-00704-CV (Tex. App.—Austin May 12, 2015).published
- Rehg v. Illinois Dep't of Revenue, 605 N.E.2d 525 (Ill. 1992).published
At page 250 Analyzing criminal versus civil nature of statutory penalties9 citing casesWe have noted on a number of occasions that Congress may impose both a 37 As the majority opinion itself admits, instituting a registry for serious crimes involving sexual abuse and children is clearly rationally connected to a nonpunitive purpose, which is “a most significant factor.” 121 Yet the…
- People of Michigan v. Cora Ladane Lymon, 29 N.W.3d 58 (Mich. 2024).published (We have noted on a number of occasions that Congress may impose both a 37 As the majority opinion itself admits, instituting a registry for serious crimes involving sexual abuse and children is clearly rationally conne…)
- John Doe v. Dept. Of Pub. Saf., 271 F.3d 38 (2d Cir. 2001).published
- State v. Rachel, 2002 WI 81, 647 N.W.2d 762.published
- Peretto v. Dep't of Motor Vehs., 235 Cal. App. 3d 449 (Cal. Ct. App. 1991).published
- Fearn v. Zolin, 9 Cal. App. 4th 1756 (Cal. Ct. App. 1992).published
- People v. Heisler, 2017 COA 58, 488 P.3d 176.published
- in Interest of T.B, 2019 COA 89.published
- Opinion of the Justices to the Senate, 668 N.E.2d 738 (Mass. 1996).published
- Peavy v. Harman, 37 F. Supp. 2d 495 (N.D. Tex. 1999).published
At page 256 Analyzing factors for civil designation of monetary penalties9 citing casesBlack- mun, J., concurring
- Hill v. State, 898 P.2d 155 (Okla. Crim. App. 1995).published
- Doe v. Poritz, 662 A.2d 367 (N.J. 1995).published
- Kimmelman v. Henkels & McCoy, Inc., 527 A.2d 1368 (N.J. 1987).published
- Shavitz v. City of High Point, 270 F. Supp. 2d 702 (M.D.N.C. 2003).published
- United States v. Gordon, 634 F. Supp. 409 (Ct. Intl. Trade 1986).published
- State ex rel. Palumbo v. Graley's Body Shop, Inc., 425 S.E.2d 177 (W. Va. 1992).published
- State v. Anton, 463 A.2d 703 (Me. 1983).published
- United States v. Charles George Trucking Co., 642 F. Supp. 329 (D. Mass. 1986).published
- Duncan v. Norton, 974 F. Supp. 1328 (D. Colo. 1997).published
At page 251 Classifying penalties as civil versus quasi-criminal5 citing casesapplying preponderance-of-evidence standard in CWA civil enforcement 18 action
- Joseph A. Roach v. Nat'l Transp. Saf. Bd., 804 F.2d 1147 (10th Cir. 1986).published
- Com., Dept. of Labor & Ind. v. Ea Clore Sons, 281 S.E.2d 901 (Va. 1981).published
- State ex rel. Brown v. Dayton Malleable, Inc., 438 N.E.2d 120 (Ohio 1982).published
- Michael Quinn Sullivan v. Texas Ethics Comm'n, 660 S.W.3d 225 (Tex. App.—Austin 2022).published
- United States v. Sweeney, 483 F. Supp. 3d 871 (E.D. Cal. 2020).published
the protections provided by the Sixth Amendment are available only 9 in ‘criminal prosecutions.’
- Adams v. Jackson, No. 4:24-cv-05041 (E.D. Wash. Oct. 3, 2024).(the protections provided by the Sixth Amendment are available only 9 in ‘criminal prosecutions.’)
- Fleming v. Cruz, 62 V.I. 702 (2015).published ([T]he protections provided by the Sixth Amendment are available only in ‘criminal prosecutions.’)
- Folk v. Atty. Gen. of Commonwealth of Pa., 425 F. Supp. 2d 663 (W.D. Pa. 2006).published (the protections provided by the Sixth Amendment are available only in ‘criminal prosecutions.’)
65 L. Ed. 2d at 755 cited at this page2 citing cases
- Doe v. Poritz, 662 A.2d 367 (N.J. 1995).published
- State ex rel. Palumbo v. Graley's Body Shop, Inc., 425 S.E.2d 177 (W. Va. 1992).published
[T]his list of considerations, while certainly neither exhaustive nor dispositive, has proved helpful in our own consideration of similar questions and provides some guidance.
- Artway v. Attorney Gen. of New Jersey, 81 F.3d 1235 (3d Cir. 1996). ([T]his list of considerations, while certainly neither exhaustive nor dispositive, has proved helpful in our own consideration of similar questions and provides some guidance.)
- Alexander A. Artway v. The Attorney Gen. of the State of New Jersey Chief of Police of Woodbridge Twp., New Jersey the Superintendent of the New Jersey State Police Attorney Gen. of New Jersey & Superintendent of the New Jersey State Police, in No. 95-5157. Alexander A. Artway v. The Attorney Gen. of the State of New Jersey Chief of Police of Woodbridge Twp., New Jersey the Superintendent of New Jersey State Police Chief of Police of Woodbridge Twp., New Jersey in No. 95-5194. Alexander A. Artway v. The Attorney Gen. of the State of New Jersey Chief of Police of Woodbridge Twp., New Jersey the Superintendent of New Jersey State Police Alexander A. Artway, in No. 95-5195, 81 F.3d 1235 (3d Cir. 1996).published ([T]his list of considerations, while certainly neither exhaustive nor dispositive, has proved helpful in our own consideration of similar questions and provides some guidance.)
At page 247 Analyzing statutory scheme against self-incrimination privilege2 citing caseslisting relevant factors and noting that they are neither exhaustive nor dispositive
- United States v. Ursery, 518 U.S. 267 (1996).published
- People v. $4,413 United States Currency, 47 Cal. App. 4th 1631 (Cal. Ct. App. 1996).published
At page 253 Determining if civil penalties are so criminal in nature2 citing casesdiscussing Boyd
- Austin v. United States, 509 U.S. 602 (1993).published
- United States v. Charles Wesley Arlt, 85 F.3d 638 (9th Cir. 1996).unpublished
At page 245 Assessing civil penalties under statutory provisions1 citing caseSection 311 (b) (6) provided for the imposition of a "civil penalty" against "[a]ny owner or operator of any vessel, onshore facility, or offshore facility…
- State of Arizona v. Oscar Pena Trujillo, 462 P.3d 550 (Ariz. 2020).published If the sanction these [statutes] impose is punishment, and it plainly is, the procedural safeguards required as incidents of a criminal prosecution are lacking.” Id. at 167 . ¶82 In United States v. Ward, the Court addressed a statute impo…
v.
WARD, Dba L. O. WARD OIL & GAS OPERATIONS
Lead Opinion
delivered the opinion of the Court.
The United States seeks review of a decision of the United States Court of Appeals for the Tenth Circuit that a proceeding for the assessment of a “civil penalty” under § 311 (b) (6) of the Federal Water Pollution Control Act (FWPCA) is a “criminal case” within the meaning of the Fifth Amendment’s guarantee against compulsory self-incrimination. We granted certiorari, 444 U. S. 939, and now reverse.
I
At the time this case arose,[1] § 311 (b) (3) of the FWPCA prohibited the discharge into navigable waters or onto adjoining shorelines of oil or hazardous substances in quantities determined by the President to be “harmful.” [2] Section 311 (b) (5) of the Act imposed a duty upon “any person in charge of a vessel or of an onshore facility or an offshore facility” to report any discharge of oil or a hazardous substance into navigable waters to the “appropriate agency” of the United States Government. Should that person fail to supply such notification, he or she was liable to a fine of not more than $10,000 or imprisonment of not more than one year. Section 311 (b)(5) also provided for a form of “use immunity,” specifying that “[notification received pursuant to this paragraph or information obtained by the exploitation of such notification shall not be used against any such person in any criminal case, except a prosecution for perjury or for giving a false statement.” 33 U. S. C. § 1321 (b)(5).[3]
[*245] Section 311 (b) (6) provided for the imposition of a “civil penalty” against “[a]ny owner or operator of any vessel, onshore facility, or offshore facility from which oil or a hazardous substance is discharged in violation” of the Act. In 1975, that subsection called for a penalty of up to $5,000 for each violation of the Act.[4] In assessing penalties, the Secretary of the appropriate agency was to take into account “the appropriateness of such penalty to the size of the business or of the owner or operator charged, the effect on the owner or operator’s ability to continue in business, and the gravity of the violation. . . .” 33 TJ. S. C. § 1321 (b)(6).[5]
[*246] According to § 311 (k) of the Act, funds collected from the assessment of penalties under § 311 (b) (6) were to be paid into a “revolving fund” together with “other funds received . . . under this section” and any money appropriated to the revolving fund by Congress. See 33 U. S. C. § 1321 (k). Money contained in this fund was to be used to finance the removal, containment, or dispersal of oil and hazardous substances discharged into navigable waters and to defray the costs of administering the Act. 33 U. S. C. § 1321 (?). Another section of the Act allowed the United States Government to collect the costs of removal, containment, or dispersal of a discharge from the person or corporation responsible for that discharge in cases where that person or corporation had been identified. 33 U. S. C. § 1321 (f).
On or about March 23, 1975, oil escaped from an oil retention pit at a drilling facility located near Enid, Okla., and eventually found its way into Boggie Creek, a tributary of the Arkansas River system.[6] At the time of the discharge, the premises were being leased by respondent L. 0. Ward, who was doing business as L. 0. Ward Oil & Gas Operations. On April 2, 1975, respondent Ward notified the regional office of the Environmental Protection Agency (EPA) that a discharge of oil had taken place. Ward later submitted a more complete written report of the discharge, which was in turn forwarded to the Coast Guard, the agency responsible for assessing civil penalties under §311 (b)(6).
After notice and opportunity for hearing, the Coast Guard assessed a civil penalty against respondent in the amount[*247] of $500. Respondent filed an administrative appeal from this ruling, contending, inter alia, that the reporting requirements of § 311 (b)(5) of the Act violated his privilege against compulsory self-incrimination. The administrative appeal was denied.
On April 13, 1976, Ward filed suit in the United States District Court for the Western District of Oklahoma, seeking to enjoin the Secretary of Transportation, the Commandant of the Coast Guard, and the Administrator of EPA from enforcing §§ 311 (b)(5) and (6) and from collecting the penalty of $500. On June 4, 1976, the United States filed a separate suit in the same court to collect the unpaid penalty. The District Court eventually ordered the two suits consolidated for trial.
Prior to trial, the District Court rejected Ward’s contention that the reporting requirements of §311 (b)(5), as used to support ¿ civil penalty under § 311 (b)(6), violated his right against compulsory self-incrimination. The case was tried to a jury, which found that Ward’s facility did, in fact, spill oil into Boggie Creek. The District Court, however, reduced Ward’s penalty to $250 because of the amount of oil that had spilled and because of its belief that Ward had been diligent in his attempts to clean up the discharge after it had been discovered.
The United States Court of Appeals for the Tenth Circuit reversed. Ward v. Coleman, 598 F. 2d 1187 (1979). Although admitting that Congress had labeled the penalty provided for in § 311 (b)(6) as civil and that the use of funds collected under that section to finance the administration of the Act indicated a “remedial” purpose for the provision, the Court of Appeals tested the statutory scheme against the standards set forth in Kennedy v. Mendoza-Martinez, 372 U. S. 144, 168-169 (1963),[7] and held that §311 (b)(6) was sufficiently[*248] punitive to intrude upon the Fifth Amendment’s protections against compulsory self-incrimination. It therefore reversed and remanded for further proceedings in the collection suit.
II
The distinction between a civil penalty and a criminal penalty is of some constitutional import. The Self-Incrimination Clause of the Fifth Amendment, for example, is expressly limited to “any criminal case.” Similarly, the protections provided by the Sixth Amendment are available only in “criminal prosecutions.” Other constitutional protections, while not explicitly limited to one context or the other, have been so limited by decision of this Court. See, e. g., Helvering v. Mitchell, 303 U. S. 391, 399 (1938) (Double Jeopardy Clause protects only against two criminal punishments); United States v. Regan, 232 U. S. 37, 47-48 (1914) (proof beyond a reasonable doubt required only in criminal cases).
This Court has often stated that the question whether a particular statutorily defined penalty is civil or criminal is a matter of statutory construction. See, e. g., One Lot Emerald Cut Stones v. United States, 409 U. S. 232, 237 (1972); Helvering v. Mitchell, supra, at 399. Our inquiry in this regard has traditionally proceeded on two levels. First, we have set out to determine whether Congress, in establishing the penalizing mechanism, indicated either expressly or impliedly a preference for one label or the other. See One Lot Emerald Cut Stones v. United States, supra, at 236-237. Second, where Congress has indicated an intention to establish a civil penalty, we have inquired further whether the statu[*249]tory scheme was so punitive either in purpose or effect as to negate that intention. See Flemming v. Nestor, 363 U. S. 603, 617-621 (1960). In regard to this latter inquiry, we have noted that “only the clearest proof could suffice to establish the unconstitutionality of a statute on such a ground.” Id., at 617. See also One Lot Emerald Cut Stones v. United States, supra, at 237; Rex Trailer Co. v. United States, 350 U. S. 148, 154 (1956).
As for our first inquiry in the present case, we believe it quite clear that Congress intended to impose a civil penalty upon persons in Ward’s position. Initially, and importantly, Congress labeled the sanction authorized in §311 (b)(6) a “civil penalty,” a label that takes on added significance given its juxtaposition with the criminal penalties set forth in the immediately preceding subparagraph, § 311 (b) (5). Thus, we have no doubt that Congress intended to allow imposition of penalties under § 311 (b) (6) without regard to the procedural protections and restrictions available in criminal prosecutions.
We turn then to consider whether Congress, despite its manifest intention to establish a civil, remedial mechanism, nevertheless provided for sanctions so punitive as to “trans-for[m] what was clearly intended as a civil remedy into a criminal penalty.” Rex Trailer Co. v. United States, supra, at 154. In making this determination, both the District Court and the Court of Appeals found it useful to refer to the seven considerations listed in Kennedy v. Mendoza-Martinez, supra, at 168-169. This list of considerations, while certainly neither exhaustive nor dispositive, has proved helpful in our own consideration of similar questions, see, e. g., Bell v. Wolfish, 441 U. S. 520, 537-538 (1979), and provides some guidance in the present case.
Without setting forth here our assessment of each of the seven Mendoza-Martinez factors, we think only one, the fifth, aids respondent. That is a consideration of whether “the[*250] behavior to which [the penalty] applies is already a crime.” 372 U. S., at 168-169. In this regard, respondent contends that § 13 of the Rivers and Harbors Appropriation Act of 1899, 33 U. S. C. § 407, makes criminal the precise conduct penalized in the present case. Moreover, respondent points out that at least one federal court has held that § 13 of the Rivers and Harbors Appropriation Act defines a “strict liability crime,” for which the Government need prove no scienter. See United States v. White Fuel Corp., 498 F. 2d 619 (CA1 1974). According to respondent, this confirms the lower court’s conclusion that this fifth factor “falls clearly in favor of a finding that [§ 311 (b)(6)] is criminal in nature.” 598 F. 2d, at 1193.
While we agree that this consideration seems to point toward a finding that § 311 (b)(6) is criminal in nature, that indication is not as strong as it seems at first blush. We have noted on a number of occasions that “Congress may impose both a criminal and a civil sanction in respect to the same act or omission.” Helvering v. Mitchell, supra, at 399; One Lot Emerald Cut Stones v. United States, supra, at 235. Moreover, in Helvering, where we held a 50% penalty for tax fraud to be civil, we found it quite significant that “the Revenue Act of 1928 contains two separate and distinct provisions imposing sanctions,” and that “these appear in different parts of the statute. . . .” 303 U. S., at 404. See also One Lot Emerald Cut Stones v. United States, supra, at 236-237. To the extent that we found significant the separation of civil and criminal penalties within the same statute, we believe that the placement of criminal penalties in one statute and the placement of civil penalties in another statute enacted 70 years later tends to dilute the force of the fifth Mendoza-Martinez criterion in this case.
In sum, we believe that the factors set forth in Mendoza-Martinez, while neither exhaustive nor conclusive on the issue, are in no way sufficient to render unconstitutional the congres-[*251]sionai classification of the penalty established in § 311 (b)(6) as civil. Nor are we persuaded by any of respondent's other arguments that he has offered the “clearest proof” that the penalty here in question is punitive in either purpose or effect.
Ill
Our conclusion that § 311 (b) (6) does not trigger all the protections afforded by the Constitution to a criminal defendant does not completely dispose of this case. Respondent asserts that, even if the penalty imposed upon him was not sufficiently criminal in nature to trigger other guarantees, it was “quasi-criminal,” and therefore sufficient to implicate the Fifth Amendment’s protection against compulsory self-in-erimination. He relies primarily in this regard upon Boyd v. United States, 116 U. S. 616 (1886), and later cases quoting its language.
In Boyd, appellants had been indicted under § 12 of an “Act to amend the customs revenue laws and to repeal moieties,” for fraudulently attempting to deprive the United States of lawful customs duties payable on certain imported merchandise. According to the statute in quéstion, a person found in violation of its provisions was to be “fined in any sum not exceeding $5,000 nor less than $50, or be imprisoned for any time not exceeding two years, or both; and, in addition to such fine, such merchandise shall be forfeited.” 116 U. S., at 617. Despite the pending indictment, appellants filed a claim for the goods held by the United States. In response, the prosecutor obtained an order of the District Court requiring appellants to produce the invoice covering the goods at issue. Appellants objected that such an order violated the Fourth and Fifth Amendments by subjecting them to an unreasonable search and seizure and by requiring them to act as witnesses against themselves.
This Court found the Fifth Amendment applicable, even though the action in question was one contesting the forfeiture[*252] of certain goods. According to the Court: “We are . . . clearly of opinion that 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.” Id., at 633-634. While at this point in its opinion, the Court seemed to limit its holding to proceedings involving the forfeiture of property, shortly after the quoted passage it broadened its reasoning in a manner that might seem to apply to the present case: “As, therefore, suits for 'penalties and forfeitures incurred by the commission of offences against the law, are of this quasi-criminal nature, we think that they are within the reason of criminal proceedings for all the purposes of the Fourth Amendment of the Constitution, and of that portion of the Fifth Amendment which declares that no person shall be compelled in any criminal case to be a witness against himself. . . Id., at 634 (emphasis added).
Seven years later, this Court relied primarily upon Boyd in holding that a proceeding resulting in a “forfeit and penalty” of $1,000 for violation of an Act prohibiting the employment of' aliens was sufficiently criminal to trigger the protections of the Self-Incrimination Clause of the Fifth Amendment. Lees v. United States, 150 U. S. 476 (1893). More recently, in One 1958 Plymouth Sedan v. Pennsylvania, 380 U. S. 693 (1965), and United States v. United States Coin & Currency, 401 U. S. 715 (1971), this Court applied Boyd to proceedings involving the forfeiture of property for alleged criminal activity. Plymouth Sedan dealt with the applicability of the so-called exclusionary rule to a proceeding brought by the State of Pennsylvania to secure the forfeiture of a car allegedly involved in the illegal transportation of liquor. Coin & Currency involved the applicability of the Fifth Amendment privilege against compulsory self-incrimination in a proceeding brought by the United States to secure for[*253]feiture of $8,674 found in the possession of a gambler at the time of his arrest.
Read broadly, Boyd might control the present case. This Court has declined, however, to give full scope to the reasoning and dicta in Boyd, noting on at least one occasion that “[s]everal of Boyd’s express or implicit declarations have not stood the test of time.” Fisher v. United States, 425 U. S. 391, 407 (1976). In United States v. Regan, 232 U. S. 37 (1914), for example, we declined to apply Boyd’s classification of penalties and forfeitures as criminal in a case where a defendant assessed with a $1,000 penalty for violation of the Alien Immigration Act claimed that he was entitled to have the Government prove its case beyond a reasonable doubt. Boyd and Lees, according to Regan, were limited in scope to the Fifth Amendment’s guarantee against compulsory self-incrimination, which “is of broader scope than are the guarantees in Art. III and the Sixth Amendment governing trials and criminal prosecutions.” 232 U. S., at 50. See also Helvering v. Mitchell, 303 U. S., at 400, n. 3. Similarly, in Hepner v. United States, 213 U. S. 103 (1909), this Court upheld the entry of a directed verdict against the appellant under a statute similar to that examined in Lees. According to Hepner, “the Lees and Boyd cases do not modify or disturb but recognize the general rule that penalties may be recovered by civil actions, although such actions may be so far criminal in their nature that the defendant cannot be compelled to testify against himself in such actions in respect to any matters involving, or that may involve, his being guilty of a criminal offense.” Id., at 112.
The question before us, then, is whether the penalty imposed in this case, although clearly not “criminal” enough to trigger the protections of the Sixth Amendment, the Double Jeopardy Clause of the Fifth Amendment, or the other procedural guarantees normally associated with criminal prosecutions, is nevertheless “so far criminal in [its] nature”[*254] as to trigger the Self-Incrimination Clause of the Fifth Amendment. Initially, we note that the penalty and proceeding considered in Boyd were quite different from those considered in this case. Boyd dealt- with forfeiture of property, a penalty that had absolutely no correlation to any damages sustained by society or to the cost of enforcing the law. See also Lees v. United States, supra (fixed monetary penalty) ; One 1958 Plymouth Sedan v. Pennsylvania, supra (forfeiture) ; United States v. United States Coin & Currency, supra (forfeiture). Here the penalty is much more analogous to traditional civil damages. Moreover, the statute under scrutiny in Boyd listed forfeiture along with fine and imprisonment as one possible punishment for customs fraud, a fact of some significance to the Boyd Court. See 116 U. S., at 634. Here, as previously stated, the civil remedy and the criminal remedy are contained in separate statutes enacted 70 years apart. The proceedings in Boyd also posed a danger that the appellants would prejudice themselves in respect to later criminal proceedings. See Hepner v. United States, supra, at 112. Here, respondent is protected by § 311 (b) (5), which expressly provides that “[notification received pursuant to this paragraph or information obtained by the exploitation of such notification shall not be used against any such person in any criminal case, except [for] prosecution for perjury or for giving a false statement.” 33 U. S. C. § 1321 (b)(5).
More importantly, however, we believe that in the light of what we have found to be overwhelming evidence that Congress intended to create a penalty civil in all respects and quite weak evidence of any countervailing punitive purpose or effect it would be quite anomalous to hold that § 311 (b) (6) created a criminal penalty for the purposes of the Self-Incrimination Clause but a civil penalty for all other purposes. We do not read Boyd as requiring a contrary conclusion.
[*255] IV
We conclude that the penalty imposed by Congress was civil, and that the proceeding in which it was imposed was not “quasi-criminal” as that term is used in Boyd v. United States, supra. The judgment of the Court of Appeals is therefore
Reversed.
Section 311 was amended by the Clean Water Act of 1977, Pub. L. 95-217, 91 .Stat. 1566, and the Federal Water Pollution Control Act Amendments of 1978, Pub. L. 95-576, 92 Stat. 2468. Except as noted, those amendments have no bearing on the present case.' See nn. 2 and 4, infra.
Section 311 (b) (3) was amended by the Federal Water Pollution Control Act Amendments of 1978, Pub. L. 95-576, 92 Stat. 2468, to prohibit the discharge of oil and hazardous substances “in such quantities as may be harmful” (emphasis added), as determined by the President.
At the time in question, § 311 (b) (5) read in full:
“Any person in charge of a vessel or of an onshore facility or an offshore[*245] facility shall, as soon as he has knowledge of any discharge of oil or a hazardous substance from such vessel or facility in violation of paragraph
(3) of this subsection, immediately notify the appropriate agency of the United States Government of such discharge. Any such person who fails to notify immediately such agency of such discharge shall, upon conviction, be fined not more than $10,000, or imprisoned for not more than one year, or both. Notification received pursuant to this paragraph or information
obtained by the exploitation of such notification shall not be used against any such person in any criminal case, except a prosecution for perjury or for giving a false statement.”
Section 311 (b) (6) was amended by the Federal Water Pollution Control Act Amendments of 1978, Pub. L. 95-576, 92 Stat. 2468, to authorize civil penalties of up to $50,000 per offense, or up to $250,000 per offense in cases where the discharge was the result of willful negligence or misconduct.
At the time of the discharge in this case, § 311 (b)(6), as set forth in 33 U. S. C. §1321 (b)(6), read:
“Any owner or operator of any vessel, onshore facility, or offshore facility from which oil or a hazardous substance is discharged in violation of paragraph (3) of this subsection shall be assessed a civil penalty by the Secretary of the department in which the Coast Guard is operating of not more than $5,000 for each offense. No penalty shall be assessed unless the owner or operator charged shall have been given notice and opportunity for a hearing on such charge. Each violation is a separate offense. Any such civil penalty may be compromised by such Secretary. In determining the amount of the penalty, or the amount agreed upon in compromise, the appropriateness of such penalty to the size of the business of the owner or operator charged, the effect on the owner or operator’s ability to continue in business, and the gravity of the violation, shall be considered[*246] by such Secretary. The Secretary of the Treasury shall withhold at the request of such Secretary the clearance required by section 91 of Title 46 of any vessel the owner or operator of which is subject to the foregoing penalty. Clearance may be granted in such cases upon the filing of a bond or other surety satisfactory to such Secretary.”
All parties concede that Boggie Creek is a “navigable water” within the meaning of 33 U. S. C. § 1362 (7).
The standards set forth were “[w]hether the sanction involves an affirmative disability or restraint, whether it has historically been regarded as a punishment, whether it comes into play only on a finding of scienter, [*248] whether its operation will promote the traditional aims of punishment— retribution and deterrence, whether the behavior to which it applies is already a crime, whether an alternative purpose to which it may rationally be connected is assignable for it, and whether it appears excessive in relation to the alternative purpose assigned. . . .” 372 U. S., at 168-169 (footnotes omitted).
Concurrence
I agree with the Court that a proceeding for assessment of a monetary penalty under § 311 (b)(6) of the Federal Water Pollution Control Act, 33 U. S. C. § 1321 (b)(6), is not a “criminal case” within the meaning of the Fifth Amendment. I reach this conclusion, however, for a number of reasons in addition to those discussed in the Court’s opinion.
The Court of Appeals engaged in a careful analysis of the standards set forth in Kennedy v. Mendoza-Martinez, 372 U. S. 144, 168-169 (1963), for distinguishing civil from criminal proceedings. These standards are cataloged in a footnote of the Court’s opinion. Ante, at 247-248, n. 7. The Court of Appeals concluded that some of the seven stated factors offered little guidance in this case, while others supported a “criminal” designation. In particular, it found that scienter played a part in determining the amount of penalty assessments; that the penalties promote traditional retributive aims of punishment; that behavior giving rise to the assessment is subject to criminal punishment under § 13 of the Rivers and Harbors Appropriation Act of 1899, 33 U. S. C. § 407; and that the criteria employed by the Coast Guard to set the amount of assessments permit penalties that may be excessive in relation to alternative remedial or nonpunitive purposes. Ward v. Coleman, 598 F. 2d 1187, 1192-1194 (CA10 1979). The Court is content to discuss only one of[*256] these findings. See ante, at 249-250. Because of the consideration given the others by the Court of Appeals, I think they deserve brief discussion, too.
My analysis of these other factors differs from that of the Court of Appeals in two principal respects. First, I do not agree with that court’s apparent conclusion that none of the Mendoza-Martinez factors strongly supports a “civil” designation for a penalty proceeding under §311 (b)(6). I conclude that imposition of a monetary penalty under this statute does not result in the imposition of an “affirmative disability or restraint” within the meaning of Mendoza-Martinez, 372 U. S., at 168; that monetary assessments are traditionally a form of civil remedy; and that, as the Court of Appeals conceded, 598 F. 2d., at 1193, §311 (b)(6) serves remedial purposes dissociated from punishment. Although any one of these considerations by itself might not weigh heavily in favor of a “civil” designation, I think that cumulatively they point significantly in that direction.
Second, I would assign less weight to the role of scienter, the promotion of penal objectives, and the potential exces-siveness of fines than did the Court of Appeals. Mendoza-Martinez suggested that a sanction that “comes into play only on a finding of scienter” might be indicative of a criminal proceeding. 372 U. S., at 168 (first emphasis added). Plainly, that is not the case here. Scienter is not mentioned on the face of the statute, and it is only one of many factors relevant to determination of an assessment under Coast Guard Commandant Instruction 5922.11B (Oct. 10, 1974). Furthermore, although the fines conceivably could be used to promote primarily deterrent or retributive ends, the fact that collected assessments are deposited in a revolving fund used to defray the expense of cleanup operations is a strong indicator of the pervasively civil and compensatory thrust of the statutory scheme. See §311 (k). 33 U. S. C. § 1321 (k). Finally, while some of the factors employed by the Coast Guard to set[*257] the amount of assessments undoubtedly could be used to exact excessive penalties, others are expressly related to the cost of cleanup and other remedial considerations. In the absence, of evidence that excessive penalties actually have been assessed, I would be inclined to regard their likelihood as remote.
For these reasons, I agree with the Court that only the fifth Mendoza-Martinez factor, “whether the behavior to which [the sanction] applies is already a crime,” 372 TJ. S., at 168, supports the respondent. Since I feel that this factor alone does not mandate characterization of the proceeding as “criminal” for purposes of the Fifth Amendment, particularly when other factors weigh in the opposite direction, I concur in the judgment.
Dissent
dissenting.
There are a host of situations in which the Government requires the citizen to provide it with information that may later be useful in proving that the citizen has some liability to the Government. In determining whether the combination of compulsion and liability is consistent with the Fifth Amendment, I would look to two factors: first, whether the liability actually imposed on the citizen is properly characterized as “criminal” and second, if so, whether the compulsion of information was designed to assist the Government in imposing such a penalty rather than furthering some other valid regulatory purpose.
Although this case is admittedly a close one, I am persuaded that the monetary penalty imposed on respondent pursuant to § 311 (b)(6) of the Federal Water Pollution Control Act, 33 U. S. C. § 1321 (b)(6), was a “criminal” sanction for purposes of the Fifth Amendment protection against compelled self-incrimination. As the Court of Appeals pointed out, penalties under § 311 (b)(6) are not calculated to reimburse the Government for the cost of cleaning up an[*258] oil spill.[1] Rather, this part of the statute is clearly aimed at exacting retribution for causing the spill:
“The penalties are based on such factors as the gravity of the violation, the degree of culpability and the prior record of the party. The fact that a party acted in good faith, could not have avoided the discharge and, once it occurred, undertook clean-up measures immediately is to be given no consideration in relation to the ‘imposition or amount of a civil penalty.’ ” Ward v. Coleman, 598 F. 2d 1187, 1193 (CA10 1979).
I agree with the Court of Appeals that, under these circumstances, application of the factors set forth in Kennedy v. Mendoza-Martinez, 372 U. S. 144, leads to the conclusion that the penalty is a criminal sanction rather than a purely regulatory measure.
That is not the end of the inquiry, however. A reporting requirement is not necessarily invalid simply because it may incriminate a few of the many people to whom it applies. Two examples from the tax field will illustrate my point. As this Court held in Marchetti v. United States, 390 U. S. 39, and Grosso v. United States, 390 U. S. 62, statutes that are plainly designed to obtain information from a limited class of persons engaged in criminal activity in order to facilitate their prosecution and conviction are invalid under the Fifth Amendment. On the other hand, when the general income tax laws require a full reporting of each taxpayer’s income in order to fulfill the Government’s regulatory objectives, the fact that a particular answer may incriminate a particular taxpayer is not a sufficient excuse for refusing to[*259] supply the relevant information required from every taxpayer. See United States v. Oliver, 505 F. 2d 301, 307-308 (CA7 1974).[2]
Thus, given that the statutory penalty in this case is a criminal sanction, the issue becomes what the primary purpose of requiring the citizen to report oil spills is. If it is to simplify the assessment and collection of penalties from those responsible, it should fall within the reasoning of Marchetti and Grosso. On the other hand, if the requirement is merely to assist the Government in its cleanup responsibilities and[*260] in its efforts to monitor the conditions of the Nation’s waterways, it should be permissible. Although the question is again a close one, the automatic nature of the statutory penalty, which must be assessed in each and every case, convinces me that the reporting requirement is a form of compelled self-incrimination.[3] I therefore respectfully dissent.
An owner or operator is liable for cleanup costs or, in the event that the discharge is “nonremovable,” for liquidated damages under 33 U. S. C. § 1321 (b) (2) (B) (i) and § 1321 (f). As the Court of Appeals noted, payment of these damages does not relieve the owner or operator of liability for civil penalties under § 311 (b)(6). Ward v. Coleman, 598 F 2d 1187, 1191 (CA10 1978).
As I suggested in Oliver:
“The enactment of special legislation designed to procure incriminating disclosures from a select group of persons engaged in criminal conduct was tantamount to an accusation commencing criminal proceedings against them. The statutory demand to register as a gambler was comparable to the inquisitor’s demand that a suspect in custody admit his guilt. The admission, once made, would almost inevitably become a part of the record of a criminal proceeding against a person who had already been accused when he confessed.. Just as the Miranda decision may be read as having enlarged the adversary proceeding to commence when the accused is first taken into custody, Marchetti and comparable cases have, for Fifth Amendment purposes, treated special statutes designed to secure incriminating information from inherently suspect classes of persons as the commencement of criminal proceedings against those from whom incriminating information is demanded. Under this analysis, we must test the applicability of the Fifth Amendment to a self-reporting statute at the time that disclosure is compelled.
“The statute which defendant Oliver is accused of violating is applicable to the public at large, and its demands for information are neutral in the sense that they apply evenly to the few who have illegal earnings and the many who do not. The self-reporting requirements of the Internal Revenue Code are justified by acceptable reasons of policy, entirely unrelated to any purpose to obtain incriminating evidence against an accused person or group. Therefore, even though the disclosure of defendant’s illegal income was compelled by statute, and even though we assume that such disclosure might well have been incriminating, the Marchetti holding does not justify the conclusion that the Fifth Amendment excuses defendant’s obligation to report his entire income.” (Footnotes omitted.) 505 F. 2d, at 307-308.
As a result, I would hold that the Government could not use a report' filed by an individual owner or operator in assessing a civil penalty under §311 (b)(6). However, I believe the Government could still use such a report in assessing damages under either § 311 (b) (2) (B) (i) or §311 (f), see n. 1, supra, since penalties assessed under those subsections are regulatory rather than punitive in character.