Friday, March 05, 2010

Just a Couple

Two summaries today. Have a great weekend!



In a very short opinion, the Court accepted the findings of the District Court as to the Defendant’s motion for acquittal/new trial and affirmed the District Court’s ruling denying both.




The Court denied the Defendant’s appeal of summary judgment granted in favor of the USA and FDIC on an issue of res judicata. Basically, the Defendant sought to void a restitution order based upon a subsequent bankruptcy discharge. The Court, in essence, said he should have raised the claim earlier.

The Defendant appealed the District Court’s dismissal of his declaratory judgment action. He sought to avoid the enforcement of a $19 million dollar criminal restitution order levied against him for defrauding a savings and loan institution, a debt he then owed to the Federal Depository Insurance Corporation (FDIC). The Defendant claimed that the restitution was discharged in his later bankruptcy proceeding. The Court had ruled previously that the Defendant owed the debt to the FDIC. The Court agreed with the District Court that the Defendant's discharge defense was claim-precluded, based on the Court's earlier ruling in Dover I.

No comments: