As an historical matter, the common-law pleas could be invoked only once “there ha[d] been a conviction or an acquittal—after a complete trial.” Crist v. Bretz, 437 U. S. 28, 33 (1978). The Court has therefore recognized numerous situations in which retrial is ap propriately viewed as a continuation of the initial prose cution rather than a prohibited successive prosecution. 9910-9911, 9913-9917, 9920, 9929-9944. 1785) (Lord Mansfield, C. In any event, even if acquittals could sometimes preclude retrials on counts on which the same jury hung, petitioner has not established that preclusion is war ranted here. Invoking issue preclusion to bar seriatim prosecutions has the salutary effect of preventing the Government from circumventing acquittals by forcing defendants “to ‘run the gantlet’ a second time” on effectively the same charges.
In petitioner’s view, because reprosecution for insider trading would require the Government to prove that critical fact, the issue-preclusion component of the Double Jeopardy Clause barred a second trial of that issue and mandated dismissal of all of the insider trading counts. 38) so they should not be considered in the collateral estoppel analysis. 401. Retrial on the hung counts is an integral part of the government's "one com plete opportunity to convict," ibid. 6389, 6395. The opinion of the court of appeals (Pet. Ashe made it clear that an acquittal on one charge precludes a subsequent trial on a different charge only if “a rational jury” could not have acquitted on the first charge without finding in the defendant’s favor on a factual issue that the prosecution would have to prove in order to convict in the later trial. Pet. Wade, 336 U.S. at 688. The second trial is not precluded simply because it is unlikely—or even very unlikely—that the original jury acquitted without finding the fact in question. One final matter requires discussion. It interprets the Double Jeopardy Clause, for the first time, to have effect internally within a single prosecution, even though the “ ‘criminal proceedings against [the] accused have not run their full course.’ ” Lydon, supra, at 308 (quoting Price v. Georgia, 398 U. S. 323, 326 (1970)). Our opinion in Ashe v. Swenson, 397 U. S. 436 (1970), provides the basis for our answer. We concluded that the subsequent prosecution was constitutionally prohibited. In both cases, it seems to me, the Double Jeopardy Clause cannot be invoked because the jeopardy with respect to the retried count has not terminated. With respect to the January 20, 2000, conference that provided the basis for the securities fraud count, petitioner’s attorney emphasized that his client “didn’t say anything.” Id., at 13365. (quoting Atlantic & Gulf Stevedores, Inc. v. Ellerman Lines, Ltd., 369 U. S. 141, warranted. Collateral estop pel would continue to apply if the government sought to bring seriatim prosecutions and an acquittal in the ini tial prosecution necessarily determined an issue of fact in the defendant's favor that the government must prove to obtain a conviction in the subsequent prosecution. 5. Richardson accentuates the point. A similar approach is appropriate here. 13384. , and United States v. Powell,

(explaining rationale for rule that non-mutual collateral estoppel does not apply when the judgment that would be given preclusive effect is inconsistent with another prior judgment). 502 (1984) at 23-27. And instead of alleging facts implicating a broader fraudulent scheme, the new indictment focused on petitioner’s knowledge of the EIN project and his failure to disclose that information to the public before selling his Enron stock. That contention is incor rect. No dispute existed that peti tioner engaged in the charged transactions; rather, the central issue for the jury was whether petitioner used nonpublic material information in trading.

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