Hudson v. United States

Summary

The Court affirmed, holding that administrative monetary penalties and banking debarment did not bar a later criminal prosecution because the administrative sanctions were civil, not criminal. The Court disavowed Halper's method of analysis and reaffirmed the legislative-intent and punitive-purpose-or-effect framework of Ward, requiring the clearest proof to transform an ostensibly civil sanction into a criminal penalty. Justice Scalia, joined by Justice Thomas, concurred while maintaining that double jeopardy prohibits successive prosecutions rather than successive punishments. Justice Stevens concurred in the judgment because the proceedings involved different offenses under Blockburger and criticized reconsideration of Halper as unnecessary. Justice Souter concurred in the judgment, likewise favoring resolution under Blockburger while accepting the Kennedy-Ward framework with qualifications concerning the clearest-proof standard. Justice Breyer, joined by Justice Ginsburg, concurred in the judgment but rejected the clearest-proof requirement and would preserve consideration of sanctions as applied.