This section contains the nature of the case and procedural background.

The Officer of the Comptroller of the Currency concluded that several bank officers have used their positions to arrange loans to third parties in violation of federal banking statutes and regulations. The OCC assessed penalties against the bank officers which resulted in a consent order and the payment of fines. A few years later, the same officers were indicted on several criminal charges based on the same transactions for which they were fined. The district court dismissed the charges based on double jeopardy. The court of appeals reversed, and the Supreme Court granted certiorari.

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