United States v. Robert S. Stoller

SELYA, Circuit Judge.

This appeal requires us to explore a shadowy corner of the Double Jeopardy Clause, dimly lit by a trilogy of recent Supreme Court eases. Concluding, as we do, that an administrative sanction imposed by the Federal Deposit Insurance Corporation (FDIC) does not comprise “punishment” within the purview of the Clause, we uphold the district court’s denial of a motion to dismiss criminal charges later lodged against the same individual.

I. BACKGROUND

Following chronological order, we recount the details of the administrative proceeding and then discuss the criminal case.

A. The…