OCTOBER TERM, 1995
Syllabus
certiorari to the united states court of appeals for the sixth circuit
No. 95-345. Argued April 17, 1996—Decided June 24, 1996*
In No. 95-345, the Government instituted civil forfeiture proceedings under 21 U. S. C. § 881(a)(7) against respondent Ursery's house, alleging that it had been used to facilitate illegal drug transactions. Shortly before Ursery settled that claim, he was indicted, and was later convicted, of manufacturing marijuana in violation of § 841(a)(1). In No. 95-346, the Government filed a civil in rem complaint against various property seized from, or titled to, respondents Arlt and Wren or Arlt's corporation, alleging that each item was subject to forfeiture under 18 U. S. C. § 981(a)(1)(A) because it was involved in money laundering violative of § 1956, and to forfeiture under 21 U. S. C. § 881(a)(6) as the proceeds of a felonious drug transaction. Litigation of the forfeiture action was deferred while Arlt and Wren were prosecuted on drug and money-laundering charges under § 846 and 18 U. S. C. §§ 371 and 1956. After their convictions, the District Court granted the Government's motion for summary judgment in the forfeiture proceeding. The Courts of Appeals reversed Ursery's conviction and the forfeiture judgment against Arlt and Wren, holding that the Double Jeopardy Clause prohibits the Government from both punishing a defendant for a criminal offense and forfeiting his property for that same offense in a separate civil proceeding. The courts reasoned in part that United States v. Halper, 490 U. S. 435, and Austin v. United States, 509 U. S. 602, meant that, as a categorical matter, civil forfeitures always constitute "punishment" for double jeopardy purposes. This Court consolidated the cases.
Held: In rem civil forfeitures are neither "punishment" nor criminal for purposes of the Double Jeopardy Clause. Pp. 273-292. (a) Congress long has authorized the Government to bring parallel criminal actions and in rem civil forfeiture proceedings based upon the same underlying events, see, e. g., The Palmyra, 12 Wheat. 1, 14-15, and this Court consistently has concluded that the Double Jeopardy Clause does not apply to such forfeitures because they do not impose punishment, see, e. g., Various Items of Personal Property v. United States,
*Together with No. 95-346, United States v. $405,089.23 in United States Currency et al., on certiorari to the United States Court of Appeals for the Ninth Circuit.
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