United States Ex Rel. Marcus v. Hess

I agree with the decision of the Court. But it seems to me that the plea of double jeopardy should be rejected on a ground other than that taken by the Court. In all other respects I join in its opinion.

This is a qui tam action under R. S. § 3490 to recover a “forfeiture” and “double the amount of damages which the United States may have sustained” by reason of the same acts of fraud for which the respondents were previously indicted under § 37 of the Criminal Code, 18 U. S. C. 1 88, and for which substantial fines were imposed upon them. The Fifth Amendment guarantees that no person shall…