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
Cited authorities
- 58 Stat. 765
- 60 Stat. 168
- 32 Stat. 326
- 40 U.S.C. § 269
- 31 U.S.C. § 231
- 58 Stat. 765
- 28 U.S.C. § 2462
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