Cite as: 518 U. S. 267 (1996)
Opinion of Stevens, J.
found a forfeiture statute punitive on the basis of discretionary authority granted to the Secretary of the Treasury to remit property to innocent owners that was provided by a different statute.
Finally, the Court announces that the fact that the statute is "tied to criminal activity" is insufficient to render it punitive. Ante, at 292. Austin expressly relied on Congress' decision to "tie forfeiture directly to the commission of drug offenses" as evidence that it was intended to be punitive. 509 U. S., at 620.11
The recurrent theme of the Court's opinion is that there is some mystical difference between in rem and in personam proceedings, such that only the latter can give rise to double jeopardy concerns. The Court claims that "[s]ince at least Various Items," we have drawn this distinction for purposes of applying relevant constitutional provisions. Ante, at 283. That statement, however, is incorrect. We have repeatedly rejected the idea that the nature of the court's jurisdiction has any bearing on the constitutional protections that apply at a proceeding before it. "From the relevant constitutional standpoint, there is no difference between a man who 'forfeits' $8,674 because he has used the money in illegal gambling activities and a man who pays a 'criminal fine' of $8,674 as a result of the same course of conduct." Coin & Currency, 401 U. S., at 718. See also One 1958 Plymouth Sedan, 380 U. S., at 701, n. 11; Boyd, 116 U. S., at 638.12 Most re-11 Apparently recognizing the difficulty of reconciling its analysis of § 881(a)(7) with Austin's, the Court admits that the statute "perhaps ha[s] certain punitive aspects," but finds them outweighed by its "important nonpunitive goals." Ante, at 290. Again, that approach simply repudiates Halper, which defined as punishment for purposes of the Double Jeopardy Clause any sanction that "cannot fairly be said solely to serve a remedial purpose." 490 U. S., at 448 (emphasis added).
12 "[A]lthough the owner of goods, sought to be forfeited by a proceeding in rem, is not the nominal party, he is, nevertheless, the substantial party to the suit; he certainly is so, after making claim and defence; and, in a
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