United States v. One Parcel of Real Property

MEMORANDUM AND ORDER

LISI, District Judge.

This matter calls into question the constitutional boundaries on the government’s authority to pursue civil forfeiture of an individual’s property after having criminally prosecuted him, when both actions arise out of the same set of facts. The claimant contends that the government’s pursuit of a civil forfeiture action, after it had already obtained a criminal conviction, is violative of the Double Jeopardy Clause of the Fifth Amendment. The claimant also contends that, even if the civil forfeiture action is not barred by the Double Jeopardy Clause,…