rovided by the Supreme Court in [United States v. Kordel] are: (1) if the Government brought the civil act

elated criminal prosecution when "special circumstances" so require in the "interests of justice." (Bold emphasis added). See also United States v. Kordel, 397 U.S. 1, 12 & n. 27, 90 S.Ct. 763, 769-70 & n.27 (1970). The Ventura Court went on to state that "situations where a defendant in both criminal

659 F.2d 660, 668 (5th Cir. 1981) (add’l citations omitted). Examples of “special circumstances” provided by the Supreme Court in [United States v. Kordel] are: (1) if the Government brought the civil action solely to obtain evidence for its criminal prosecution, (2) if the Government failed to advise t

evidence for its criminal prosecution," or (2) "fail to advise the defendant in its civil proceeding that it contemplates his criminal prosecution." Kordel, 397 U.S. at 11-12 (emphasis added). In Kordel, a corporate executive was convicted of violating the Food, Drug, and Cosmetic Act partly on the basi

evidence for its criminal prosecution," or (2) "fail to advise the defendant in its civil proceeding that it contemplates his criminal prosecution." Kordel, 397 U.S. at 11-12 (emphasis added). In Kordel, a corporate executive was convicted of violating the Food, Drug, and Cosmetic Act partly on the ba

her unfair injury; or (4) any other special circumstances indicating unconstitutionality or even impropriety. Incendy at 956 (citing United States. Kordel, 397 U.S. 1, 11 (1970)). See also Securities and Exchange Comm' n I Wright, 261 Fed. Appx. 259, 263 (11th Cir. 2008) ("[N]o `special circumstanc

her unfair injury; or (4) any other special circumstances indicating unconstitutionality or even impropriety. Incendy at 956 (citing United States. Kordel, 397 U.S. 1, 11 (1970)). See also Securities and Exchange Con:nen, Wright, 261 Fed. Appx. 259, 263 (11th Cir. 2008) ("[N]o `special circumstances'

her unfair injury; or (4) any other special circumstances indicating unconstitutionality or even impropriety. Incendy at 956 (citing United States' Kordel, 397 U.S. I, 11 (1970)). See also Securities and Exchange Comm'nl. Wright, 261 Fed. Appx. 259, 263 (11th Cir. 2008) ("[N]o 'special circumstances'