attached first in the criminal action. In 405, the Ninth Circuit rom his criminal conviction if jeopardy first attached in the civil forfeiture action against his Mercedes. It is well-settled that jeopardy attaches in a criminal case when the court accepts a defendant’s guilty plea, a jury is empaneled for trial, or the first witness is sworn in a bench trial. See United States v. Martin Linen Supply Company, 430 U.S. 564, 569, 97 S.Ct. 1349, 1353, 51 L.Ed.2d 642 (1977). In contrast to the well-settled rule for criminal cases, as of this date, the Ninth Circuit has not made a clear statement as to the time when jeopardy attaches in a civil forfeiture case. Several decisions, however, provide guidance on this question. See United States v. Kearns, 61 F.3d 1422, 1428 (9th Cir.1995) (<HOLDING>); United States v. Barton, 46 F.3d 51, 52 (9th
holding that where a conviction is reversed after trial the double jeopardy clause does not bar a government appeal that if successful would only reinstate the conviction and would not subject defendant to a second trial holding that conviction did not violate double jeopardy where jury was empaneled and sworn in criminal trial before defendant filed answer to forfeiture complaint holding that convictions for the crimes of conspiracy and continuing criminal enterprise violate double jeopardy holding that double jeopardy clause did not apply to forfeiture proceeding before the court holding that conviction of and punishment for both the underlying predicate offense and continuing criminal enterprise does not violate double jeopardy