Van Camp Sea Food Co. v. United States

This case, a libel by the government to forfeit, is one of grave concern, in that it not alone involves the destruction of a very large quantity of food, but, what is of more importance, it involves also the future of the appellants extensive business and is a condemnation of the fish inspection of the state of California. Where the drastic remedy of forfeiture by the government of the citizens property was sought, the late Judge McPherson, then District Judge for the Eastern District of Pennsylvania, stated in a charge to a jury: "It is not required that there should be, for example, as in a criminal case, proof beyond reasonable doubt, and that degree of proof is not required in this case, either -- proof beyond a reasonable doubt; but a higher degree of proof than a mere preponderance, a mere balance of evidence in favor of the Government, is required. It is necessary, in a case like this, that the Government should establish, by clear and satisfactory evidence, that its case has been made out."