United States Second Circuit

In an appeal from a judgment of the district court freezing relief-defendant's assets, judgment is reversed where the court erred in its legal assumptions concerning state law because under New York law, the proceeds of fraud can constitute marital property, and when part or all of the marital estate consists of the proceeds of fraud, that fact alone does not, as a matter of law, preclude a determination that a spouse paid fair consideration according to the terms of Section 272 of New York's Debtor and Creditor Law.

Appellate Information

• Decided 09/15/2011
• Published 09/15/2011

Judges

Court

• United States Second Circuit

Counsel

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