UNITED STATES of America, Plaintiff-Appellee, v. Jackson WONG, Defendant-Appellant

The principal issue in this appeal is whether administrative steps routinely taken prior to the formal institution of civil forfeiture proceedings, when combined with a criminal indictment arising out of the same facts, offend double jeopardy principles. We hold that they do not.

I.

Defendant Jackson Wong, a Canadian citizen, was arrested at the United States-Canadian border because he was in possession of counterfeit United States currency, and he was eventually indicted for currency violations. At the time of his arrest, government officials also took possession of Wong’s vehicle. The government later notified him that his car would be subjected to civil forfeiture proceedings. As is routine in such cases, Wong was permitted to file an administrative petition for remission or mitigation. This is an opportunity to convince the government, prior to the filing of a formal civil forfeiture complaint, that his property should be returned. Wong chose to file the administrative petition, and, at the same time, agreed to defer any judicial or administrative forfeiture proceedings until the remission/mitigation process was completed. Wong’s petition was denied. Prior to the filing of…