The Legal and Regulatory Environment of Business

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Case 12 Case 12-1 (Chapter 12, p. 357) HUDSON v. UNITED STATES 522 U.S. 93 (1997) FACTS: Petitioners were assessed civil penalties and were later indicted on charges arising out of the same transaction. Petitioners moved to dismiss the indictment on Double Jeopardy grounds. ISSUE: Is the Double Jeopardy Clause of the Fifth Amendment a bar to criminal prosecution? DECISION: No. REASONS: 1. The Double Jeopardy Clause protects only against the imposition of multiple criminal punishments. 2. Whether a particular punishment is criminal or civil is, at least initially, a matter of statutory construction. If the statutory scheme is so punitive to transform the civil remedy into a criminal penalty, the Double Jeopardy Clause may be violated. 3. Neither the monetary penalties nor the debarment sanctions are so punitive in form and effect to render them criminal. Case 12-1
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Case 12 Case 12-2 (Chapter 12, p. 361) SCHMUCK v. UNITED STATES 489 U.S. 705 (1989) FACTS: Wayne Schmuck bought and sold used cars. Schmuck’s fraudulent
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Chap012Cases - Case 12 Case 12-1(Chapter 12 p 357 HUDSON v...

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