Hongkong & Shanghai Banking Corp. v. Hoopa Valley Tribe

How later courts describe this case

• concluding that jeopardy attaches “when the case is first presented to the trier of fact”
• stating that in civil cases jeopardy attaches “when evidence is first presented to the trier of fact in a proceeding seeking to impose a penalty for crime.”
• observing that, “[w]hen on-reservation conduct involves both Indians and non-Indians, we must undertake a particularized inquiry into the state, federal, and tribal interests at stake”
• noting that forfeiture and civil fines can be penalties and noting that after Austin and Kurth Ranch the government should be aware of the "hazards” of commencing separate criminal prosecutions and civil forfeiture proceedings
• jeopardy does not attach to judicial forfeiture proceeding until evidence is presented to the trier of fact
• defendant cannot be placed in jeopardy if he has not appeared as a party in a proceeding; there having been no prior jeopardy, double jeopardy cannot apply