Sanchez-Cobarruvias

In this ease we are called upon to determine whether the government is precluded from bringing criminal charges against an individual whose property had been subject to a prior civil administrative forfeiture proceeding. For the reasons which follow, we conclude that double jeopardy does not apply-

FACTS AND PRIOR PROCEEDINGS

On May 19, 1994, United States Border Patrol agents discovered several shotguns and rifles concealed in the trunk of an automobile owned and driven by Alejandro San-ehez-Cobarruvias (“Sanchez”). The officers seized Sanchez’s vehicle as well as the guns, which belonged to his passenger, Jose Luis Lopez-Coronel (“Lopez”), and placed both men under arrest. Sanchez opposed the seizure of his car by filling out a “Petition for Remission or Mitigation of Forfeiture and Penalties Incurred” form, and checking off the appropriate box on the related “Election of Proceedings” form.

On June 1, 1994, a two-count indictment was filed charging Sanchez and Lopez with conspiring to export firearms, aiding and abetting, and unlawful exportation of firearms, in violation of 18 U.S.C. §§ 2 (aiding and abetting) and 371 (conspiracy), and 22 U.S.C. §§ 2778 (a), (b), and (c)…