yeager argued march decided june federal indictment charged petitioner yeager securities wire fraud allegedly misleading public virtues telecommunications system offered employer subsidiary enron insider trading selling enron stock possession material nonpublic information new system performance value enron indictment also charged petitioner money laundering conducting various transactions proceeds stock sales jury acquitted yeager fraud counts failed reach verdict counts government recharged counts yeager moved dismiss charges ground jury acquitting fraud counts necessarily decided possess material nonpublic information project performance value component double jeopardy clause therefore barred second trial insider trading money laundering district denied motion fifth circuit affirmed reasoning fact jury hung counts opposed acquitting petitioner cast doubt whether necessarily decided petitioner possess material nonpublic information inconsistency acquittals hung counts fifth circuit concluded meant government prosecute petitioner anew insider trading money laundering held apparent inconsistency jury verdict acquittal counts failure return verdict counts affect acquittals preclusive force double jeopardy clause pp case controlled reasoning ashe swenson squarely held double jeopardy clause precludes government relitigating issue necessarily decided jury acquittal prior trial double jeopardy purposes jury inability reach verdict yeager counts nonevent given weight analysis identify jury necessarily determined trial courts scrutinize jury decisions failures decide jury verdict acquittal represents community collective judgment regarding evidence arguments presented even verdict based upon egregiously erroneous foundation fong foo finality unassailable see arizona washington thus possession insider information critical issue ultimate fact charges yeager jury verdict necessarily decided issue favor protects prosecution charge essential element pp neither richardson powell supports government argument retry yeager insider trading money laundering richardson conclusion jury failure reach verdict event terminates jeopardy open door using hung count ignore preclusive effect jury acquittal simply rejection argument similar government today mistrial event significance also rejected contention acquittal never preclude retrial hung count impute irrationality jury violation powell rule issue preclusion predicated assumption jury acted rationally refusal powell dunn impugn legitimacy jury verdicts face logically inconsistent shows fortiori potentially inconsistent hung count command different result pp government argued even hung counts enter analysis yeager failed show jury acquittals necessarily resolved favor issue ultimate fact must proved convict insider trading money laundering granted certiorari assumption fifth circuit ruled correctly acquittals meant jury found yeager insider information contradicted presented public declines engage analysis voluminous record unnecessary resolve narrow legal question issue appeals chooses may revisit factual analysis light government arguments pp reversed remanded stevens delivered opinion roberts souter ginsburg breyer joined kennedy joined parts kennedy filed opinion concurring part concurring judgment scalia filed dissenting opinion thomas alito joined alito filed dissenting opinion scalia thomas joined scott yeager petitioner writ certiorari appeals fifth circuit june justice stevens delivered opinion dunn speaking justice holmes held logical inconsistency guilty verdict verdict acquittal impugn validity either verdict question presented case whether apparent inconsistency jury verdict acquittal counts failure return verdict counts affects preclusive force acquittals double jeopardy clause fifth amendment hold enron corporation enron acquired telecommunications business expanded ultimately renamed enron broadband services ebs petitioner scott yeager served senior vice president strategic development ebs october employment terminated months enron filed bankruptcy december tenure petitioner played active role ebs attempt develop nationwide telecommunications system called enron intelligent network ein summer enron announced ebs become enron business major part overall strategy app thereafter enron issued press releases touting advanced capabilities ein claiming project operational january company annual equity analyst conference petitioner others allegedly made false misleading statements value performance ein project january price enron stock rose next day reached point petitioner sold shares enron stock received part compensation next several months petitioner sold additional shares told petitioner stock sales generated million proceeds million personal profit ein project value turned illusory intelligent network showcased public press releases analyst conference riddled technological problems never fully developed november grand jury returned fifth superseding indictment charging petitioner counts five federal offenses conspiracy commit securities wire fraud securities fraud wire fraud insider trading money government theory prosecution petitioner acting concert enron executives purposefully deceived public ein project order inflate value enron stock ultimately enrich count indictment described detail alleged conspiracy commit securities fraud wire fraud included overt acts substantive offenses charged counts count securities fraud count alleged petitioner made false misleading statements january analyst conference failed state facts necessary prevent statements made others misleading counts alleged petitioner others committed four acts wire fraud issued four press releases counts insider trading counts alleged petitioner made separate sales enron stock possession material information regarding technological capabilities value revenue business performance ebs counts money laundering counts described financial transactions involving petitioner use proceeds sales enron stock indictment characterized criminally derived property simplify discussion shall refer counts fraud counts remaining counts insider trading counts trial lasted weeks four days deliberations jury notified reached agreement counts deadlocked others judge gave jury allen charge see allen urging jurors reexamine grounds opinions continue deliberations end day achieve final verdict counts tr july jury failed break deadlock told jurors take verdict instead prolonging deliberations jury acquitted petitioner fraud counts failed reach verdict insider trading counts entered judgment acquittals declared mistrial hung counts november government obtained new indictment petitioner eighth superseding indictment recharged petitioner insider trading counts jury previously hung app new indictment refined government case whereas earlier indictment named multiple defendants new indictment dealt exclusively petitioner instead alleging facts implicating broader fraudulent scheme new indictment focused petitioner knowledge ein project failure disclose information public selling enron stock petitioner moved dismiss counts new indictment ground acquittals fraud counts precluded government retrying insider trading argued jury acquittals necessarily decided possess material nonpublic information performance ein project value enron petitioner view reprosecution insider trading require government prove critical fact component double jeopardy clause barred second trial issue mandated dismissal insider trading counts district denied motion reviewing trial record disagreed petitioner reading jury necessarily decided telling jury likely concluded petitioner knowingly willfully participate scheme defraud described conspiracy securities fraud wire fraud counts supp sd tex therefore concluded question whether petitioner possessed insider information necessarily resolved first trial litigated anew second prosecution appeals disagreed district analysis record nevertheless affirmed reasoned petitioner dispute government theory helped shape message allegedly fraudulent presentations made analyst conference therefore rejected district conclusion jury acquitted petitioner groun participate fraud based independent review record appeals instead concluded jury must found acquitted petitioner insider information contradicted presented public acknowledged factual determination normally preclude government retrying petitioner insider trading money laundering nevertheless persuaded truly rational jury concluded petitioner insider information acquitted insider trading counts jury failed acquit instead hung counts pivotal analysis considering hung counts along acquittals found impossible decide certainty jury necessarily determined ibid relying circuit precedent larkin concluded conflict acquittals hung counts barred application issue preclusion case several courts taken contrary view held jury failure reach verdict counts play role determining preclusive effect acquittal see ohayon romeo bailin frazier others sided appeals see howe white cadc granted certiorari resolve conflict reverse ii double jeopardy clause fifth amendment provides shall person subject offence twice put jeopardy life limb decided exceptionally large number cases interpreting provision see difrancesco collecting cases decisions found guidance ancestry clause brief text thus example risk fined imprisoned implicates neither life limb early cases held double jeopardy protection extends punishments positively covered language amendment ex parte lange wall explained clearly spirit instrument prevent second punishment judicial proceedings crime far common law gave protection ibid cases recognized clause embodies two vitally important interests first deeply ingrained principle state resources power allowed make repeated attempts convict individual alleged offense thereby subjecting embarrassment expense ordeal compelling live continuing state anxiety insecurity well enhancing possibility even though innocent may found guilty green see benton maryland difrancesco second interest preservation finality judgments crist bretz first interest implicated whenever state seeks second trial first attempt obtain conviction results mistrial jury failed reach verdict circumstances however defendant interest avoiding multiple trials clause prevent government seeking reprosecute despite argument textual appeal held second trial place defendant jeopardy twice richardson see story commentaries constitution pp instead jury inability reach decision kind manifest necessity permits declaration mistrial continuation initial jeopardy commenced jury first impaneled see arizona washington perez wheat interest giving prosecution one complete opportunity convict violated laws justifies treating jury inability reach verdict nonevent bar retrial washington case us involves mistrial insider trading counts question presented resolved asking whether government given one complete opportunity convict petitioner charges rather case turns second interest core clause must determine whether interest preserving finality jury judgment fraud counts including jury finding petitioner possess insider information bars retrial insider trading counts requires us look beyond clause prohibition put jeopardy twice jury acquittals unquestionably terminated petitioner jeopardy respect issues finally decided counts proper question clause text whether appropriate treat insider trading charges offence fraud charges opinion ashe swenson provides basis answer ashe squarely held double jeopardy clause precludes government relitigating issue necessarily decided jury acquittal prior trial case six poker players robbed group masked men ashe charged acquitted robbing donald knight one six players state sought retry ashe robbery another poker player weeks first jury acquitted second prosecution successful facing substantially stronger testimony witnesses part ashe convicted sentenced prison term concluded subsequent prosecution constitutionally prohibited contested issue first trial whether ashe one robbers held jury verdict acquittal collaterally estopped state trying robbing different player criminal episode explained issue ultimate fact determined valid final judgment acquittal litigated second trial separate offense decipher jury necessarily decided held courts examine record prior proceeding taking account pleadings evidence charge relevant matter conclude whether rational jury grounded verdict upon issue defendant seeks foreclose consideration internal quotation marks omitted explained inquiry must set practical frame viewed eye circumstances proceedings ibid quoting sealfon internal quotation marks omitted unlike ashe case us today entails trial included multiple counts rather trial single offense ashe involved acquittal single offense case involves acquittal counts mistrial declared others reasoning ashe nevertheless controlling double jeopardy purposes jury inability reach verdict insider trading counts nonevent acquittals fraud counts entitled effect ashe acquittal noted see supra appeals reasoned hung counts must considered determine issues jury decided first trial viewed isolation explained acquittals fraud charges preclude retrial appeared support petitioner argument jury decided lacked insider information viewed alongside hung counts however acquittals appeared less decisive problem saw jury found petitioner insider information jury acting rationally also acquitted insider trading counts ibid fact jury hung logical wrinkle made impossible decide certainty jury necessarily determined ibid petitioner failed show jury decided refused find government precluded pursuing hung counts new prosecution appeals analysis error hung count relevant part record prior proceeding see ashe internal quotation marks omitted jury speaks verdict failure reach verdict negative implication yield piece information helps put together trial puzzle mistried count therefore nothing like forms record material ashe suggested part preclusion inquiry ibid see also black law dictionary ed defining record official report proceedings case including filed papers verbatim transcript trial hearing tangible exhibits unlike pleadings jury charge evidence introduced parties way decipher hung count represents even usual sense relevance hung count hardly make existence fact probable less probable fed rule evid host reasons sharp disagreement confusion issues exhaustion long trial name work alone tandem cause jury ascribe meaning hung count presume ability identify factor play jury room reasoned analysis conjecture possible reasons jury failure reach decision play part assessing legal consequences unanimous verdict jurors return contrary conclusion require speculation transpired jury room courts properly avoid explorations jury sovereign space see powell fed rule evid good reason jury deliberations secret subject outside examination inquiry jury decided evidence confined points controversy former trial testimony given parties questions submitted jury consideration packet sickles wall see also vaise delaval eng lord mansfield refusing rely juror affidavits impeach verdict reached coin flip wigmore evidence pp mcnaughton rev ed supp accordingly hold consideration hung counts place analysis indeed relevant fact petitioner already survived one trial factor cutting favor rather applying double jeopardy bar identify jury necessarily determined trial courts scrutinize jury decisions failures decide jury verdict acquittal represents community collective judgment regarding evidence arguments presented even verdict based upon egregiously erroneous foundation fong foo per curiam finality unassailable see washington sanabria thus possession insider information critical issue ultimate fact charges petitioner jury verdict necessarily decided issue favor protects prosecution charge essential element iii government relies heavily two cases richardson powell argue entitled retry petitioner insider trading counts neither precedent bear weight government places richardson defendant indicted three counts narcotics violations jury acquitted one count hung others richardson moved bar retrial hung counts insisting reprosecution place twice jeopardy offense unlike petitioner case richardson argue retrial barred jury verdict acquittal meant necessarily decided essential fact favor simply asserted hung counts standing alone shielded reprosecution disagreed held protection double jeopardy clause terms applies event acquittal terminates original jeopardy failure jury reach verdict explained event terminates jeopardy ibid government extrapolates altogether different principle retrial always permitted whenever jury convicts counts hangs others brief richardson broad rather conclusion rejection argument similar one government urges today mistrial event significance holding open door using mistried count ignore preclusive effect jury acquittal government next contends acquittal never preclude retrial mistried count impute irrationality jury violation rule articulated powell powell defendant charged various drug offenses jury acquitted powell substantive drug charges convicted using telephone causing offenses powell attacked verdicts appeal irrationally inconsistent urged reversal convictions insisted collateral estoppel apply verdicts rendered single jury preclude acceptance guilty verdict telephone facilitation count jury acquits defendant predicate felony rejected argument reasoning issue preclusion predicated assumption jury acted rationally arguing jury acquits counts inexplicably hanging others rational government contends issue preclusion inappropriate case powell two serious flaws line reasoning first takes powell treatment inconsistent verdicts imports entirely different context involving verdicts seemingly inconsistent hung counts situations quite dissimilar powell respect jury verdicts counseled giving verdict full effect however inconsistent explained jury verdict brings criminal process addition collective judgment community element needed finality comparison hung counts never accorded respect matter law history similar jury verdicts relevant sense equating government argument fails second government reliance powell assumes mistried count context evidence irrationality explained see supra fact jury hangs evidence nothing course failed decide anything relying hung counts question basis jury verdicts government violates assumption rationality invokes support bottom government misreads cases rejected attempts question validity jury verdict powell dunn faced jury verdicts face logically inconsistent yet refused impugn legitimacy either verdict case merely suggestion jury may acted irrationally instead resting suggestion verdict government relies hung count thinnest reed powell dunn declined use clearly inconsistent verdict soundness another verdict fortiori potentially inconsistent hung count command different result iv one final matter requires discussion government argues even conclude acquittals preclude retrial counts jury hangs nevertheless affirm judgment appeals petitioner failed show jury necessarily resolved favor issue ultimate fact government must prove order convict insider trading money laundering see brief given length complexity proceedings factual dispute understandable district appeals read record differently disagreeing jury necessarily decided acquittals compare supp jury necessarily determined defendant yeager knowingly willfully participate agree participate scheme defraud connection alleged false statements material omissions made analyst conference press releases jury must found acquitted yeager yeager insider information contradicted presented public grant certiorari based assumption appeals interpretation record correct recognize government right prevailing party appeals defend judgment ground properly raised whether ground relied upon rejected even considered district appeals washington confederated bands tribes yakima nation decline engage analysis voluminous record undertaking unnecessary resolution narrow legal question granted certiorari answer chooses appeals may revisit factual analysis light government arguments judgment reversed case remanded appeals proceedings consistent opinion ordered scott yeager petitioner writ certiorari appeals fifth circuit june justice kennedy concurring part concurring judgment join parts opinion join part iv view concerns expressed justice alito well justified post dissenting opinion insufficient say remand appeals may chooses revisit factual analysis ante correct course require appeals justice alito explains judgments acquittal preclude government retrying petitioner issue possession insider information irrational jury acquit without finding fact post see ashe swenson retrial precluded rational jury grounded verdict upon issue defendant seeks foreclose reasons given justice alito grounds question whether petitioner met demanding standard post district familiar record found petitioner make showing rational jury acquitted securities fraud different basis namely petitioner cause misleading statements made post appeals contrary analysis convincing post appeals held double jeopardy clause permits petitioner retrial view acquitted counts inconsistent jury inability reach verdict counts today corrects misreading double jeopardy clause question remains whether clause permits petitioner retrial quite distinct reason justice alito describes remand appeals reexamine question scott yeager petitioner writ certiorari appeals fifth circuit june justice scalia justice thomas justice alito join dissenting double jeopardy clause fifth amendment provides person shall subject offence twice put jeopardy life limb today holds proscription interpreted ashe swenson sometimes bars retrial hung counts jury acquits factually related counts result neither accords original meaning double jeopardy clause required precedents dissent today opinion begins proclamation found guidance ancestry double jeopardy clause brief text ante case easy indeed cases adhered clause original meaning english pleas auterfoits acquit auterfoits convict clause based barred repeated prosecution identical act crime blackstone commentaries laws england emphasis added see also grady corbin scalia dissenting described sir matthew hale man acquitted stealing horse later arraigned convict ed stealing saddle tho done time pleas crown pleas jury acquittal yeager fraud counts posed bar prosecution distinct crimes insider trading money laundering water dam ashe departed original meaning double jeopardy clause holding precludes successive prosecutions distinct crimes facts essential conviction second crime necessarily resolved defendant favor verdict acquittal first crime even adhere ashe stare decisis grounds cf grady supra scalia dissenting today holding illogical extension case ashe held clause sometimes bars successive prosecution facts found prior proceeding today bars retrial hung counts theory continuing jeopardy justices boston municipal lydon prior proceeding simply earlier stage proceeding historical matter pleas invoked ha conviction acquittal complete trial crist bretz extended protections double jeopardy clause holding jeopardy attaches earlier time jury empanelled sworn although one might think early attachment mean second trial new jury constitute second jeopardy amended innovation holding discharge deadlocked jury terminat original jeopardy richardson principle retrial jury failed reach verdict new trial part today holding inconsistent principle interprets double jeopardy clause first time effect internally within single prosecution even though proceedings accused run full course lydon supra quoting price georgia conceptual matter makes sense say events occurring within single prosecution cause accused twice put jeopardy amdt cases today acknowledged ever since dunn refused set aside convictions inconsistent acquittals trial made clear powell ashe mandate different result reason treat perceived inconsistencies hung counts acquittals differently richardson accentuates point cases appellate reverses conviction lack constitutionally sufficient evidence determination constitutes acquittal double jeopardy clause precludes prosecution burks richardson defendant sought prevent retrial jury failed reach verdict claiming case gone jury government failed present sufficient evidence held double jeopardy clause inapplicable event acquittal terminate original jeopardy see double jeopardy clause effect jury acquittal different count different double jeopardy clause effect prosecution failure present case sufficient go jury count cases predicate necessary double jeopardy clause preclusion new prosecution exists former factual findings implicit jury verdict acquittal latter state presentation case weak demanded jury verdict acquittal cases seems double jeopardy clause invoked jeopardy respect retried count terminated acquittals majority argues unquestionably terminat yeager jeopardy respect issues finally decided counts ante emphasis added jeopardy commenced terminated charge charge issue issue prosecution failure present sufficient evidence first trial prevent retrial hung count retrial considered part proceeding basis invoking ashe prevent retrial present case conviction stand contradictory acquittal pronounced trial reason acquittal prevent state pressing contradictory conviction continuation prosecution hung counts ii extension ashe circumstances even justified based rationales underlying holding invoking issue preclusion bar seriatim prosecutions salutary effect preventing government circumventing acquittals forcing defendants gantlet second time effectively charges cases prosecution merely seeks get one full fair opportunity convict charges brought initial indictment ohio johnson risk gamesmanship said state made effort prosecute charges seriatim considerations double jeopardy protection implicit application collateral estoppel inapplicable moreover barring retrial jury acquits counts hangs others bears tenuous relationship preserving finality issue ultimate fact actually determined valid final judgment ashe supra clear unanimous jury finding unusual situation factual finding upon acquittal must based also logically require acquittal hung count said certain conflicting dispositions irrational result mistake compromise lenity powell least likely irrationality consisted failing make factual finding necessary support acquittal irrationality consisted failing adhere factual finding respect hung count agree courts avoid speculation jury reached particular result ante opinion steps wrong direction pretending acquittals mean something probability powell supra concluded best course take simply insulate jury verdicts review grounds inconsistency view conclusion applies claims inconsistency arise proceeding conviction hung counts burdens created opinion today likely substantial ashe inquiry require courts examine record prior proceeding taking account pleadings evidence charge relevant matter conclude whether rational jury grounded verdict upon issue defendant seeks foreclose consideration internal quotation marks omitted holding abney ensures every defendant yeager shoes entitled immediate interlocutory appeal petition certiorari whenever ashe claim rejected trial abney supra today consistently held retrial jury unable reach verdict part original prosecution second jeopardy second prosecution believe holding line extension ashe consistent cases original meaning double jeopardy clause affirm judgment scott yeager petitioner writ certiorari appeals fifth circuit june justice alito justice scalia justice thomas join dissenting join justice scalia dissenting opinion jury acquits counts reach agreement others think double jeopardy clause precludes retrial hung counts result today decision however law contrary write separately note holding makes imperative doctrine issue preclusion applied rigor prescribed ashe swenson loose application doctrine lead exceedingly complicated protracted litigation trial appeal may produce unjust results ashe made clear acquittal one charge precludes subsequent trial different charge rational jury acquitted first charge without finding defendant favor factual issue prosecution prove order convict later trial demanding standard second trial precluded simply unlikely even unlikely original jury acquitted without finding fact question irrational jury acquit without finding fact subsequent trial barred defendant burden showing issue whose relitigation seeks foreclose actually decided first proceeding dowling situation presented case like one us jury acquits counts reach verdict others calls special care application ashe standard situation conclusion verdicts preclude retrial hung counts necessarily means jury act rationally courts begin presumption jury actions rationally reconciled analogous situation claimed verdict must set aside ground findings set jury answers special interrogatories inconsistent duty courts attempt harmonize answers possible fair reading view case makes jury answers special interrogatories consistent must resolved way gallick baltimore ohio quoting atlantic gulf stevedores ellerman lines similar approach appropriate present case reason question whether ashe standard met clear fraud counts required proof element necessary conviction insider trading charge namely petitioner caused material misstatements omissions made january analyst conference press releases formed basis wire fraud counts see app jury instruction count two securities fraud jury instruction counts three six wire fraud far apparent jury verdict fraud counts rationally based determination element petitioner caused material misstatements omissions proved beyond reasonable doubt district judge course familiar trial evidence analyzed issue follows theory defense evident closing argument direct testimony defendant yeager argued defendant yeager participate crafting statements press releases participate creation slides statements presented analysts conference reach agreement person make false misleading deceptive statements material omissions fact app pet cert record provides support district analysis summation petitioner attorney argued scott yeager nothing counts securities wire fraud counts tr respect january conference provided basis securities fraud count petitioner attorney emphasized client say anything counsel reiterated petitioner make presentation make statement ibid counsel summation point summarized portions petitioner trial testimony minimized involvement matters relating conference see respect press releases wire fraud counts based petitioner attorney argued scott yeager nothing press releases make press releases show evidence show scott participated press release counsel comments summation tracked petitioner testimony denying participation press releases see portions record suggest rational jury might found petitioner cause misstatements omissions conference press releases light length complexity trial record position say certainty ashe standard met case brief discussion question opinion appeals satisfactorily show district analysis incorrect concluding verdict securities fraud count based finding respondent cause misstatements omissions conference appeals stated petitioner dispute helped shape message conference presentations app pet cert surely tension statement previously mentioned portions petitioner trial testimony defense summation appeals held ashe apply jury acquits counts hangs others analysis possible grounds jury securities fraud verdict necessary support decision held ashe govern context reexamination possible grounds fraud count acquittals warranted footnotes see conspiracy commit fraud ed ed cfr securities fraud ed wire fraud ed ed cfr insider trading money laundering petitioner charged counts indictment included counts covering conduct executives purportedly involved alleged fraud petitioner also moved dismiss relevant counts earlier indictment response government assertion reprosecute petitioner previously hung counts indictment well see although doctrine collateral estoppel developed civil litigation already extended criminal proceedings ashe decided justification application first offered justice holmes observed safeguards person often rightly mentioned solemn reverence less protect liability debt oppenheimer currently descriptive term issue preclusion often used lieu collateral estoppel see restatement second judgments indeed many indications jury case exhausted trial see reply brief petitioner cataloging numerous statements record reveal real possibility jurors cut deliberations short exhaustion also require much defendant preclude retrial must show jury necessarily decided issue favor yet borrow appeals ecause impossible determine jury hung defendant rebut inferences may motivated jury hang without ability seek conclusive proof see fed rule evid reason impose burden defendant footnotes case arises federal federal doctrine issue preclusion might prevented government retrying yeager even without ashe innovation see oppenheimer district held jury case necessarily decided yeager lacked inside information fact yeager claims government barred relitigating supp sd tex jurisdiction interlocutory appeal holding comes way collateral order doctrine encompasses claims former jeopardy abney accorded privilege litigants asserting issue preclusion government issued new indictment mistrial case alter fact double jeopardy purposes retrial part initial proceeding matter practice seems prosecutors courts treat retrials mistrials part proceeding filing superseding indictments original docket number see superseding information pena case md implies new indictment case materially refined charges ante relevant changes dropping defendants elimination counts related factual allegations compare app app claims jury failure reach verdict relevant evidence ante justifications statement utterly unpersuasive obvious failure reach verdict one count make existence factual finding necessary predicate counts substantially less probable fed rule evid believe otherwise beyond