Supreme Court of the United States

Rex Trailer Co., Inc. v. United States

January 9, 1956350 U.S. 148

Summary

The Court held that the $2,000 per act civil penalty under §26(b)(1) of the Surplus Property Act is a civil remedy, not a criminal punishment, and therefore does not violate the Fifth Amendment double‑jeopardy clause. The judgment of summary judgment was affirmed.

Holding

  • Is the remedy provided by §26(b)(1) of the Surplus Property Act a civil penalty or a criminal punishment for double‑jeopardy purposes?. The remedy is civil in nature, not a criminal penalty, so the Double Jeopardy Clause does not bar the recovery.
  • Does the lack of proof of specific damages bar recovery under §26(b)(1)?. Specific damages need not be shown; the statute authorizes recovery as liquidated damages regardless of proof of actual loss.

Docket 46

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