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David V. Perry v. Bruce Kriegman

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 15-35976, 15-3585 · judgment December 21, 2017


Certiorari denied · October 1, 2018
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

What is a Ponzi Scheme and are the vague laws and interpretations surrounding its definition and the subsequent enforcement of the Ponzi Scheme Presumption Constitutional, especially when negating or tending to negate the Constitutional and Fundamental Human Rights of investors and others involved? Is every transfer occurring in the course of a Ponzi scheme (including grocery purchases) actual fraud as a matter of law? Can a business, that the court appointed bankruptcy examiner identifies as legitimate, profitable and viable and which makes millions of dollars of operating profit while in bankruptcy, constitutionally be labeled a Ponzi Scheme due primarily to being poorly managed before bankruptcy, using accountancy methods introduced to serve to the self-benefit of Trustee? Are the vague subjective standards of gooclfbad faith clawbacks under the Ponzi Scheme Presumption, which can deprive individuals of life, liberty and property, constitutional? If the terms of Promissory Notes issued by a business engaging in legitimate business Operations give that business the Constitutional right to use those funds to pay other investors, can those payments then be classified as fraudulent payments furthering a Ponzi Scheme? Doesa Court have jurisdiction to grant a bankruptcy trustee the power to claw back funds that were received up to 14 years earlier and in some instances when the debtors' business was for years located in and doing business solely in Canada?

Counsel of record

For petitioner
David V. Perry

For respondent
Michael John Kapaun
Witherspoon, Kelley, Davenport & Toole, P.S.

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Nov 19 2018
    Rehearing DENIED.
  2. Oct 31 2018
    DISTRIBUTED for Conference of 11/16/2018.
  3. Oct 25 2018
    Petition for Rehearing filed.
  4. Oct 01 2018
    Petition DENIED.
  5. Sep 05 2018
    DISTRIBUTED for Conference of 9/24/2018.
  6. Aug 30 2018
    Reply of petitioner David V. Perry filed. (Distributed)
  7. Aug 20 2018
    Brief of respondent Bruce Kriegman in opposition filed.
  8. Jul 16 2018
    Petition for a writ of certiorari filed. (Response due August 20, 2018)