Ohio State Journal of Criminal Law

OSJCL Amici Board of Advisors

OSJCL Amici: Views from the Field

Yeager v. United States

  • Upcoming argument to be heard on March 23, 2009.
  • Issue: Under the Double Jeopardy Clause, may the government retry defendants who were acquitted of some charges on factually related counts on which the jury failed to reach a verdict?
  • Background: F. Scott Yeager was prosecuted on multiple counts of insider trading, money laundering, conspiracy, securities fraud, and wire fraud. The jury acquitted Yeager of the conspiracy, securities fraud, and wire fraud charges, but deadlocked on the insider trading and money laundering charges. Yeager argues that his retrial on the hung counts should be barred because when the jury acquitted him, it resolved in his favor an issue of ultimate fact that was common to both the acquitted and the hung counts.



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