United States Second Circuit

In an action by the CFTC and SEC alleging securities fraud, the Second Circuit certified the following question to the New York Court of Appeals: 1) does "marital property" within the meaning of New York Domestic Relations Law section 236 include the proceeds of fraud?; and 2) does a spouse pay "fair consideration" according to the terms of New York Debtor and Creditor Law section 272 when she relinquishes in good faith a claim to the proceeds of fraud?

Appellate Information

• Decided 08/13/2010
• Published 08/13/2010

Judges

• Gerard E. Lynch

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Steven L. Kessler, Nancy R. Doyle