United States v. James A. Merriam, United States of America v. Harold B. Hayes

TANNER, District Judge:

James A. Merriam and Harold B. Hayes appeal the denial of their motion to dismiss an indictment charging them with conspiracy to commit and commission of wire fraud and securities fraud. They claim that lifetime bar orders previously issued against them by the SEC equated to punishment and thus precluded their subsequent indictment under the Double Jeopardy Clause. We have jurisdiction over this interlocutory appeal under the collateral order exception to the final judgment rule. United States v. Chick, 61 F.3d 682, 686 (9th Cir.1995), cert. denied, — U.S. -, 116 S.Ct.…