(a) the first prosecution resulted in an acquittal or a conviction as defined in
section 704(a) and (c) or was a barring termination under section 704(d) and the
subsequent prosecution is based on the same conduct or arose from the same
criminal episode, unless (i) the law defining the offense of which the defendant
was formerly convicted or acquitted is intended to prevent a substantially different harm
or evil from the law defining the offense for which he is subsequently prosecuted,
or (ii) the second offense was not consummated when the first trial began: or
(b) the first prosecution was terminated by an acquittal or by a final order or judgment
for the defendant which has not been set aside, reversed, or vacated and which necessarily
required a determination Inconsistent with a fact or a legal proposition which must be
established for conviction of the offense of which the defendant is subsequently prosecuted;
unless the Attorney General of the United States certifies that the interests of the United States
would be unduly harmed if the federal prosecution is barred. In this section, "local" means of
or pertaining to any of the 50 states of the United States or any political unit within any of the
50 states.