Government of the Virgin Islands v. Rohn

MEMORANDUM OPINION

(November 9, 2004)

THIS MATTER is before the Court on Defendant’s Motion to Dismiss the Information on the grounds of double jeopardy and legal insufficiency and the Government’s opposition thereto. The issues before *49this Court to determine are (1) whether the civil penalty assessed against the defendant pursuant to Title 19 U.S.C. § 1459 constitutes punishment; (2) whether the Territory of the Virgin Islands may prosecute the defendant for this offense; and (3) whether the Information charging the defendant is legally sufficient. For the following reasons, the Court will…