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Application of the Double Jeopardy Clause to Disgorgement Orders Under the Federal Trade Commission Act

Date of Issuance:

In a civil suit brought by the Federal Trade Commission challenging unfair trade practices, the Double Jeopardy Clause of the Fifth Amendment is not implicated by a judgment requiring restitution and ordering that, in the event restitution is impracticable, the defendant pay money to the United States Treasury.

Updated July 9, 2014