United States First Circuit

Where an individual uses the proceeds from fraud to contribute to a joint venture, rights in the joint venture are held in constructive trust for the fraud victim, and the innocent party to the joint venture may not enjoy the unjust fruits of the venture.

Appellate Information

• Decided 03/07/2001
• Published 03/07/2001

Judges

• LYNCH, Circuit Judge., Before BOUDIN, STAHL, and LYNCH, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Marc Z. Edell, with whom Diane L. Mulligan, Dina L. Sforza, and Edell & Associates were on brief, for appellant.


• For Appellees:
  
• Marc S. Palay, with whom Eric W. Bloom, Winston & Strawn, John D. Donovan, Jr., and Ropes & Gray were on brief, for appellee Credit Francais International., S. Elaine McChesney, with whom Robert A. Buhlman and Bingham Dana LLP were on brief, for appellee Biopure.