94
Syllabus
Thus, this Court largely disavows Halper's method of analysis and reaffirms the previous rule exemplified in Ward. Pp. 98-103.
(b) Applying traditional principles to the facts, it is clear that petitioners' criminal prosecution would not violate double jeopardy. The money penalties statutes' express designation of their sanctions as "civil," see §§ 93(b)(1) and 504(a), and the fact that the authority to issue debarment orders is conferred upon the "appropriate Federal banking agenc[ies]," see §§ 1818(e)(1)-(3), establish that Congress intended these sanctions to be civil in nature. Moreover, there is little evidence— much less the "clearest proof" this Court requires, see Ward, supra, at 249—to suggest that the sanctions were so punitive in form and effect as to render them criminal despite Congress' contrary intent, see United States v. Ursery, 518 U. S. 267, 290. Neither sanction has historically been viewed as punishment, Helvering, supra, at 399, and n. 2, 400, and neither involves an affirmative disability or restraint, see Flemming v. Nestor, 363 U. S. 603, 617. Neither comes into play "only" on a finding of scienter, Kennedy, 372 U. S., at 168, since penalties may be assessed under §§ 93(b) and 504, and debarment imposed under § 1818(e)(1)(C)(ii), without regard to the violator's willfulness. That the conduct for which OCC sanctions are imposed may also be criminal, see ibid., is insufficient to render the sanctions criminally punitive, Ursery, supra, at 292, particularly in the double jeopardy context, see United States v. Dixon, 509 U. S. 688, 704. Finally, although the imposition of both sanctions will deter others from emulating petitioners' conduct, see Kennedy, supra, at 168, the mere presence of this traditional goal of criminal punishment is insufficient to render a sanction criminal, as deterrence "may serve civil as well as criminal goals," e. g., Ursery, supra, at 292. Pp. 103-105. 92 F. 3d 1026, affirmed.
Rehnquist, C. J., delivered the opinion of the Court, in which O'Connor, Scalia, Kennedy, and Thomas, JJ., joined. Scalia, J., filed a concurring opinion, in which Thomas, J., joined, post, p. 106. Stevens, J., post, p. 106, and Souter, J., post, p. 112, filed opinions concurring in the judgment. Breyer, J., filed an opinion concurring in the judgment, in which Ginsburg, J., joined, post, p. 115.
Bernard J. Rothbaum argued the cause for petitioners. With him on the briefs were Jack L. Neville, Jr., Lawrence S. Robbins, C. Merle Gile, James A. Rolfe, and Lynn Pringle.
Deputy Solicitor General Dreeben argued the cause for the United States. With him on the briefs were Acting
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