UNITED STATES of America, Plaintiff-Appellee, v. Michael GARTNER, Defendant-Appellant
Opinion
Opinion
Poole, J.
Michael Gartner appeals interlocutor-ily the district court’s denial of his motion to dismiss his criminal indictment on double jeopardy grounds. “A district court’s denial of a motion to dismiss an indictment on double jeopardy grounds is reviewed de novo.” United States v. Chick, 61 F.3d 682, 686 (9th Cir.1995), cert. denied, — U.S. -, 116 S.Ct. 1416 , 134 L.Ed.2d 542 (1996). We have jurisdiction pursuant to 28 U.S.C. § 1291 , id. at 684-86 , and we affirm.
Gartner is currently under indictment for securities fraud, mail fraud, wire fraud, and engaging in unlawful monetary transactions. The indictment also seeks criminal forfeiture of property pursuant to 18 U.S.C. §§ 982 , 1957. Gartner argues that he has already been punished for these offenses by a civil administrative forfeiture of business and computer equipment by the United States Postal Inspection Service (“Postal Service”) and a civil action brought against Gartner and his businesses, InterLink Data Network of Los Angeles, Inc., InterLink Fiber Optic Partners L.L., and InterLink Video Phone Partners L.P. (collectively “InterLink defendants”) by the Securities and Exchange Commission (“S.E.C.”) in 1993.