Fong Foo v. United States, 369 U.S. 141 (1962)

Facts

  • A corporation and two employees were indicted in federal court for conspiracy and for concealing material facts within the jurisdiction of a federal agency, under 18 U.S.C. §§ 371 and 1001.
  • The defendants were tried before a jury in a federal district court with jurisdiction over the parties and subject matter.
  • After about seven days of trial, with three government witnesses having testified and a fourth on the stand, the district judge directed the jury to return verdicts of acquittal for all defendants.
  • A formal judgment of acquittal was entered.
  • The judge’s stated basis was one or both of: alleged prosecutorial misconduct and asserted lack of credibility of prosecution witnesses.

Issues

  1. Whether the Double Jeopardy Clause bars the government from using mandamus to vacate a directed midtrial judgment of acquittal and obtain a retrial.
  2. Whether the asserted impropriety or legal error underlying an acquittal permits appellate nullification of that acquittal without violating the Fifth Amendment.

Decision

  • The Supreme Court reversed the court of appeals’ issuance of mandamus.
  • The Court held that vacating the judgment of acquittal and subjecting defendants to retrial would violate the Fifth Amendment’s Double Jeopardy Clause.
  • The acquittals remained in effect, notwithstanding any error in the trial judge’s reasons for directing them.
  • Once a defendant has been acquitted by a court of competent jurisdiction after jeopardy has attached, the Double Jeopardy Clause prohibits a second trial for the same offense.
  • A judgment of acquittal is final for double jeopardy purposes even if entered prematurely, on mistaken legal grounds, or in response to perceived prosecutorial misconduct.
  • Extraordinary writs such as mandamus cannot be used to circumvent double jeopardy by undoing an acquittal and ordering a new trial.
  • Appellate authority to correct trial-court error differs when the correction would require further proceedings on guilt after an acquittal; double jeopardy forecloses that remedy.

Conclusion

The Court held that the government could not set aside a midtrial directed acquittal through mandamus and retry the defendants, because a final acquittal entered after jeopardy attached is insulated from further prosecution even if the acquittal was erroneous.