United States Seventh Circuit

In a wire fraud case arising as a result of defendant's role in a check-kiting scheme that caused the failure of a federal savings bank, wherein the government sought to collect defendant's financial obligations to the FDIC from third party-bookie who received money from the insolvent defendant, judgment in favor of the government under a theory of fraudulent transfer under the Federal Debt Collection Procedure Act (FDCPA) is affirmed as defendant's transfers of money to his bookie fell within the scope of the FDCPA, and the bookie is liable to the government for the constructively fraudulent transfers. The bookie's remaining arguments regarding supplementary proceedings and affirmative defenses are rejected.

Appellate Information

• Decided 02/02/2010
• Published 02/02/2010

Judges

• HAMILTON, Circuit Judge., Before POSNER, MANION, and HAMILTON, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Joseph A. Stewart, Attorney, Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee., Leslie Ann Gerardo, Office of the United States Attorney, Washington, DC, for Defendant., Eric S. Palles, Attorney, Ravitz & Palles, Chicago, IL, for Third-Party Respondent-Appellant.