ex rel marcus hess argued december decided january rehearing denied march see william stanley washington charles margiotti pittsburgh petitioner wm eckert eugene strassburger john nicklas pittsburgh respondents justice black delivered opinion respondents electrical contractors employed work projects pittsburgh area contracts made local governmental units rather government substantial portion pay came charging respondents defrauding device collusive bidding petitioner name behalf brought action revised statutes sections distributed statutes parts originally act march stat section contains portion original act makes certain efforts defraud government crime punishable fine ment section separately provides whoever commits prohibited acts shall pay sum addition double amount damages sustained together costs suit forfeiture damages shall sued suit latter action may instituted person behalf government qui tam action brought half amount recovery paid person instituting suit half goes government instant case verdict judgment rendered defendants double damages aggregate sums violations circuit appeals opinion government conclusion challenged held particular fraud reached accordingly reversed first construing strictness premise qui tam informer actions always regarded disfavor courts emphasized absence direct contractual relationship respondents held claims defendants simply local municipalities since defendants claim upon action authorized informer statutes accept either interpretive approach actual decision qui tam suits frequently permitted legislative without defense courts moreover interpretation strictness narrows qui tam aspect act also criminal provisions decision treats language fashion criminal proceedings brought respondents result policy qui tam actions immaterial even exists properly applied tam policy used detract meaning language criminal section say substantive language one meaning criminal prosecutions brought public officials quite different meaning language invoked informer congress power choose method protect government burdens fraudulently imposed upon nullify criminal statute dislike independent informer sections exercise veto power sound rules statutory interpretation exist discover direct congressional true criminal reason interpreting much language shares common sec must give careful scrutiny lest brought within reach clearly included scrutiny must give fair meaning intendment cf raynor think conduct respondents comes well within prohibition statute includes person causes presented payment claim upon government knowing claim fraudulent best seen upon consideration exact nature respondents relation government contracts found induced respondents frauds made local municipalities school districts alleghany county pennsylvania large portion money paid respondents contracts federal origin granted federal public works administrator official jury courts found contracts obtained successfully executed conspiracy remove possible competition bidding bidding federal requirement bidders fully advised projects many respondents certified bids sham collusive payment sense direct transferring checks done name local authorities monthly estimates payment submitted respondents local sponsors forms showed government participation work called attention federal statutes prohibiting fraudulent claims prerequisite respondents payment local sponsors estimates filed transmitted approved authorities payment made joint construction bank account containing federal local funds work done constant federal supervision government money never placed joint fund payment respondents agents known bids collusive conduct respondents thus caused government pay claims local sponsors order might turn pay respondents contracts found executed result fraudulent bidding fraud spend execution contract taint entered every swollen estimate basic cause payment every dollar paid joint fund benefit respondents initial fraudulent action every step thereafter taken pressed ever ultimate government money persons caused defrauded government money truly expended whether checks drawn directly treasury ultimate recipient grants aid time passage original act federal aid consisted primarily land grants subsequent years state aid program grown approximately federal money distributed form funds much need protection fraudulent claims federal statute make extent safeguard dependent upon bookkeeping devices used distribution senatorial sponsor bill broadly asserted object provide protection fraud effort cheat state intermediary conclusion first clause includes form presented upon government strengthened consideration clauses statute clause includes forbidden acts purpose obtain payment fraudulent claims clause covers agreement combination conspiracy defraud government aiding obtain payment allowance false fraudulent claim provisions considered together indicate purpose reach person knowingly assisted causing government pay claims grounded fraud without regard whether person direct contractual relations government situation sense like discussed cohn government acted solely bailee person claim payment cohn case held obtaining money government obtaining claims presented either directly indirectly government full knowledge claimants fraudulent basis conclude acts covered statute consideration second previous filing action respondents indicted defrauding government plea nolo contendere fined government filed brief amicus curiae request assert petitioner received information investigation previous indictment argue circumstances construed permitting suit petitioner petitioner denies relied upon information contained indictment asserts spent money conducting investigation claims presented evidence government discovered even government suggests petitioner contributed nothing discovery crime contributed much accomplishing one purposes act passed suit results net recovery government three times much fines imposed criminal proceedings recovery obtained risk considerable loss petitioner since explicitly provides informer must bear risk pay full cost litigation neither language statute history lends support contention made respondents government may brought carried person says act words exception qualification asked find senate sponsor bill explicitly pointed offering plan aimed solely rewarding conspirator betrays fellows even district attorney presumably gain knowledge fraud official position might sue informer bill offers short reward informer comes betrays confined class even district attorney required vigilant prosecution cases may also informer entitle one half forfeiture qui tam clause one half double damages may recovered persons committing act government presses upon us strong arguments policy statutory plan entire force considerations directed solely government thinks congress done rather said effective law enforcement requires control litigation left attorney general divided control public interest attorney general might believe war interests injured filing suits permission outsiders sue might bring unseemly races opportunity profiting government investigations finally conditions changed since act passed trouble arguments addressed wrong forum conditions may changed statute furthermore one chief purposes act first passed war time stimulate action protect government war frauds end prosecuting attorneys enjoined diligent enforcement act provisions large rewards offered stimulate actions private parties prosecuting officers tardy bringing suits fact congress passed statute shows concluded considerations policy outweighed emphasized government arguments made militate informer action government filed suit prior instituted petitioner different question presented cf francis wall circumstances without materially detracting clear scope decline recognize petitioner right sue act third noted respondents previously indicted fined defrauding government connection transactions sued contend present action barred jeopardy provision fifth amendment provides person shall subject offense twice put jeopardy life limb previous indictment brought general statute dealing conspiracy defraud government clearly criminal nature violation respondents liable fine imprisonment two years failure pay fines sentenced prison ex parte watkins pet punishment given action intended compensate government manner damages suffered result successful execution conspiracy respondents contention overruled district considered appeals urged upon us independent ground support judgment reached cf helvering gowran application double jeopardy clause particular cases easy task courts subject recently thoroughly explored helvering mitchell analyzed cases pressed upon us emphasized line civil remedial actions brought primarily protect government financial loss actions intended authorize criminal punishment vindicate public justice latter subject defendant within constitutional meaning may start therefore language mitchell case may impose criminal civil sanction respect act omission double jeopardy clause prohibits merely punishing twice attempting second time punish criminally offense question decision thus whether statute question imposes criminal sanction question one statutory construction action us consisting double damages forfeiture criminal remedial enough present purposes conclude instant proceedings remedial impose civil sanction statutes suit rests makes elaborate provision criminal punishment civil remedy violators may imprisoned hard labor less one five years fined less one thousand five thousand dollars say remedy us requiring payment lump sum double damages afford government complete indemnity injuries done helvering mitchell supra course well accepted one act person may liable pay damages suffer criminal penalty long ago said man may compelled make reparation damages injured party liable also punishment breach public peace consequence act may said common parlance twice punished offence moore illinois congress give action damages individual suffers breach law chattanooga foundry atlanta power rather private individual injured fraud quite aside interest preserver peace government spending money interest protecting fraudulent practices protecting citizen frauds may practiced upon powers sovereign dealing offenders laws must confounded rights body politic present strange anomaly indeed power make contracts hold property persons natural artificial entitled remedies protection cotton remedy lose quality civil action precise amount actual damage recovered double damage provision said recovery excess actual loss government since nature qui tam action government half double damages amount actual damages proved case congress might provided laws recovery damages sustained cost suit including reasonable attorney fee congress remain fully common law tradition still provide punitive damages common well statute law men aften punished aggravated misconduct lawless acts means civil action damages inflicted way penalty punishment given party injured day woodworth noted general practice state statutes allowing double treble even quadruple damages missouri pacific ry humes punitive exemplary damages held recoverable statute like combines provision criminal punishment others afford civil remedy individual injured felix law provide measure damage government individual argued pay provision rather even double damage feature words pay relate alike sum double damages use word conjunction word force conclusion provision criminal one doubts congress accomplished result authorizing damages lump sum payment attorney fees definition elements damages special consequence drawn use word might circumstances appropriate word suggest fine upon failure pay individual might imprisoned punishment provided upon default payment words pay wholly consistent civil action damages atchison railway nichols cf hepner ann true certain limited sense may result statute us far wrongdoer concerned enough label criminal statute brady daly think chief purpose statutes provide restitution government money taken fraud device double damages plus specific sum chosen make sure government made completely whole conclusion consistent statement made immediately final passage bill senator discussing sections said government privilege coming upon fraudulent contractor estate heirs recovering money defrauded inherent difficulty choosing proper specific sum give full restitution problem congress fourth section requires forfeit paid acts prohibited district petitioner contended sum exacted every form submitted respondents course enterprise respondents argued merely one sum collected acts done district concluded lump sum damages assessed separate project petitioner object decision conclude circumstances case project properly counted separately incidence fraud additional project clearly individualized theft mail separate bags post office ebeling morgan see blockburger cf gavieres respondents view lump sum paid project suppose congress meant thus reduce damages recoverable respondents fraud thereby allow spread burden progressively thinner projects individually increased profit examined contentions respondents approve disposition courts judgment circuit appeals reversed district affirmed ordered reversed justice murphy took part consideration disposition case justice frankfurter concurring agree decision seems plea double jeopardy rejected ground taken respects join opinion qui tam action recover amount damages may sustained reason acts fraud respondents previously indicted criminal code substantial fines imposed upon fifth amendment guarantees person shall subject offense twice put jeopardy life limb respondents invoke provision bar suit understand holding rejects plea double jeopardy treating present action one merely make whole actual loss therefore without punitive elements reaches conclusion applying distinction taken helvering mitchell remedial punitive argument seems run thus double jeopardy means attempting punish criminally twice attempt punish criminally civil proceeding civil proceeding matter construction sanction enforced sanction nature dialectical subleties may serve well enough purposes explaining away uncritical language earlier cases see instance chouteau coffey la franca subtle problem one safeguarding humane interests protection double jeopardy clause written fifth amendment punitive ends may pursued civil proceedings conversely criminal process frequently employed attain remedial rather punitive ends reason scienter deemed requirement criminal prosecutions instances found regulatory measures exercise called police power emphasis statute evidently upon achievement social betterment rather punishment crimes balint protection twice punished offense hardly made depend upon necessarily speculative judgment whether amount damages may sustained constitute extra penalty merely indemnity loss suffered issue protection double jeopardy turns invoke constitution respondents allowed prove matter fact forfeiture double damages punitive exceed amount reasonably regarded equivalent compensation government loss civil actions punitive damages matter due process sometimes allowed see minnesota may distinct penal remedial provisions wrong see felix help solve present problem arises second separate proceeding persons misconduct results plea based upon double jeopardy clause must also put one side doctrine res judicata largely judicial doctrine though partly reflected full faith credit clause article iv aimed avoiding waste vexation relitigating issues already decided parties doctrine double jeopardy different history part protection constitution pressures penalties offend civilized notions justice view proper approach problem double jeopardy situation like congress imposed two sanctions misconduct however one may label provided enforcement two separate proceedings taken judge later justice blatchford leszynsky blatchf short two proceedings merely carry remedies congress prescribed advance wrong twice put man jeopardy offense congress thereby merely allows comprehensive penalties imposed enforced separate suits instead single proceeding congress impose single punishment double jeopardy clause prevent congress prescribing procedure vindication punitive remedies view commends reason confirmed history legislation character providing two sanctions misconduct enforceable separate proceedings one conventional criminal prosecution forfeiture proceeding civil action upon debt quite common fifth amendment framed congress see terials referred leszynsky supra blatchf pages like specific provisions constitution double jeopardy clause must read context times violence proper regard framers fifth amendment assume contemporaneously enacted continued enact legislation offensive guarantees double jeopardy clause proposed ratification suggested succession separate trials enforcement great number criminal sanctions even though set forth advance single statute might form cruelty oppression answer constitution guarded attempt wear accused multitude cases accumulated trials see palko connecticut prohibiting unusual punishments amendment viii short offend eighth amendment statutes prescribing cumulative remedies commonplaces history federal legislation sherman law note example allows four means redressing single prosecution injunction seizure goods treble damages qui tam action like one us provided congress deterrent violation sherman law certainly commonly regarded additional punishment double jeopardy clause nevertheless come play reasons think plea double jeopardy case sustained justice jackson dissenting constrained dissent second division opinion conclusion supports deny literal reading statute says opinion renders say case one critical stay close words statute guiding principles depart direction depart far depart literal words statute conflicting matters considerable although freedom certain better state attitude toward present statute applied case language present chief justice katz laws given sensible construction literal application statute lead absurd consequences avoided whenever reasonable application given consistent legislative purpose announcing unorthodox unconventional doctrine american tobacco company werckmeister justice day said construing statute always confined literal reading may consider object purpose things dealing condition affairs led enactment effectuate rather destroy spirit force law legislature intended enact true plaintiff error cites authorities proposition words act clear unambiguous control seeking gain legislative intent primarily language used must remember objects purposes sought attained ever justified reading statute narrowly keyhole broad light evils aimed good hoped disadvantage therefrom falls one sues made whole injuries sustained recover goods delivered services performed solely make profitable wrong done others course fully sustain informers proceedings congress utilized aid law enforcement informers disclose law violations even worst motives play important part making many laws effective nothing text history statute indicates congress intended enrich mere busybody copies government indictment complaint brings light frauds already disclosed injury treasury already process vindication case government investigated respondents november indicted conspiracy defraud january february defendants named indictment entered pleas nolo contendere fines imposed criminal case still pending january petitioner commenced informer proceeding averments complaint substantially copy indictment shown original information added anything investigations recovery based fact disclosed government companion case ex rel ostrager new orleans chapter government indicted pleas nolo contendere entered january two weeks thereafter ostrager filed complaint alleging facts substantially identical indictment paragraphs almost verbatim copies informed cases already stimulated number private individuals intervene similar action government criminal proceedings disclosed frauds sure never mind congress authorize misuse statute ever case letter killeth spirit giveth life construed letter becomes instrument abuse corruption stopped timely intervention congress construed according spirit reward disclose frauds otherwise concealed prosecute frauds otherwise unpunished serve useful purpose enforcement law protection treasury since law upon statute books never bar dreamed permitted use attempted commence informer action similar statute government brought civil action promptly limited statute preclude sort abuse francis wall specific language statute support limitation although find specific language statute support another say limitation exists government already possessed facts disclosed criminal proceedings think profession generally assumed statute mean statute eighty years authorized sort proceeding legal profession strangely unresponsive congressional proffer windfall income justified determining whether accept new interpretation sustained history statute reference condition times rather former ones nothing better illustrates difference conditions present statement quoted made senate sponsor informer act district attorney required vigilant prosecution cases may also informer entitle one half forfeiture qui tam clause one half double damages may recovered persons committing act understand hold prosecuting attorney may sue construing statute applied plaintiff us must forget senator speaking enforcement nation yet established federal department justice federal bureau investigation treasury investigating force activities federal government circumscribed found necessary accept view mean today officials use information gleaned investigations sue informers profit make law downright vicious corrupting one fortunately one executive department ever suspected interpretation indulges placed upon statute add motives personal avarice prompters official zeal time might come scandals exceed scandals violation even permit informer recover actually informed seems evil result unintended act interpretation means government institute criminal action subject seizure interloper thereby wrests control course government lawyers without experience practicalities know trial criminal case wrecked issues civil side particularly civil trial conducted interested criminal prosecution trial taking depositions devices informer may force premature disclosure government case certain collusion one acts informer party guilty fraud latter obtain disclosure case know chance conviction may well prejudiced defendant may go jury point pending proceedings adequate reparations made every person prosecuted crime part strategy defeating conviction wants civil actions brought oftentimes wants confess settle order plead squared accounts law moreover know assets men engaged criminal activities rarely equal discharge obligations event sharing available assets informer government financial recovery diminished also found necessary vest someone power compromise claims government either doubtful collectibility claim questionable validity becomes attorney general control litigation respect informer may admitted share control case may act collusion guilty party may longer make compromise case withstand subsequent attack informer must borne mind case adhering construction statute continuously applied long life event unlikely join colleagues however case new construction upon statute one farfetched member bar ever ventured offer reported case hold rich rewards kind proceeding reserved actually good faith contributed something enforcement law protection footnotes nature collusive bidding scheme described follows appellants officers members electrical contractors association pittsburgh conspired rig bidding projects pattern collusion informal private averaging prospective bid might submitted appellant appellant chosen others submit bid averaged amount others submitted higher estimates government thereby defrauded compelled contribute electric work projects required pay free competition open market section includes three categories acts subject penalty prescribes first clauses opinion governs instant case covers person makes causes made presents causes presented payment approval person officer civil military naval service claim upon government department officer thereof knowing claim false fictitious fraudulent second clause governs use false certificates purpose obtaining aiding obtain payment claim third covers conspiracy defraud government obtaining aiding obtain payment claim section amendments relevant actions appears cf mcmullen hoffman general federal competitive bidding statute see providing actions common informer interest whatever controversy given statute existence hundreds years england country ever since foundation government marvin trout statutes arming vessels friendly powers breaches duty treasurer register protection indians see infra statute dealing allocation costs penal actions brought informer see statutes providing reward informers specifically either authorize forbid informer institute action construed authorize sue adams woods cranch support view see taft stevens lith eng cf griswold speaking section says statute remedial one intended protect treasury hungry unscrupulous host encompasses every side construed accordingly passed upon theory based experience old modern civilization one least expensive effective means preventing frauds treasury make perpetrators liable actions private persons acting please strong stimulus personal ill hope gain prosecutions conducted means compare ordinary methods enterprising privateer public vessel key administration federal grants introduction bureau census state local government special study federal state aid see key supra chapter audit congressional globe course reason congress chosen provided specifically amount new information informer must produce entitled reward simple informers merely give information without formally instituting actions may collect award aiding conviction narcotic law violators directed cf authority secretary labor authorized approve awards informers contract labor cases right action may subject control administrative official actions concerning violations shipping laws cong globe supra consideration apparently directed solely department justice desire control institution actions rather settlement sec provides informer suits withdrawn discontinued without consent writing judge district attorney first filed case setting forth reasons consent authority thus given district attorney presumably aimed prevention fraudulent settlements discussion situation gave rise act see report house committee government contracts march discussion senate bill cong globe supra et seq opinion randall civil war reconstruction meeker lehigh valley railroad sustained validity sections interstate commerce act authorized payment attorney fees shippers injured result violation act railroads cong globe supra see also ozawa helvering new york trust cooper cf cooper