United States v. One Assortment of 89 Firearms, National Rifle Association of America, Amicus Curiae

In this appeal, the claimant contends that the forfeiture is barred by his acquittal on the earlier criminal charges. This conclusion is required, he asserts, by both the double jeopardy clause and the doctrine of res judicata because the forfeiture is criminal in nature. Even if the forfeiture is deemed to be civil in nature, he continues, it is barred by the doctrine of collateral estop-pel. Based upon its reading of Coffey v. United States, 116 U.S. 436, 6 S.Ct. 437, 29 L.Ed. 684 (1886), the majority holds that the forfeiture is barred. I concede that Coffey holds that a subsequent…