Civil Penalty Does Not Bar Criminal Prosecution Based On Same Acts

1997

In Hudson v. United States, the U.S. Supreme Court rules that it does not violate the double jeopardy clause to criminally prosecute bank officers for making illegal loans, even though the officers already had paid civil fines and had been barred from working in the banking industry. Overruling its 1989 holding in U.S. v. Halper, the Court rules that the double jeopardy clause prevents only multiple criminal prosecutions and/or punishments. When only a civil penalty has been imposed, a later criminal prosecution based on the same acts will be allowed.