United States Ninth Circuit

In a loan fraud prosecution, denial of appellant's motion seeking a share of the proceeds of a transaction made by defendant, her husband, is affirmed where community property is available to satisfy a restitution judgment obtained under the Mandatory Victim Restitution Act (MVRA) against a criminally liable spouse, including that portion of the property that otherwise would potentially be awarded upon dissolution of marriage to an innocent spouse who was not involved in the criminal activity.

Appellate Information

• Argued 06/01/2009
• Decided 07/31/2009
• Published 07/31/2009

Judges

• MILAN D. SMITH, JR., Circuit Judge:, Before:  W. FLETCHER, RICHARD R. CLIFTON, and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jenny O. Blake, Chicago, IL, for third-party movant-appellant Cornella Berger.


• For Appellees:
  
• Leon W. Seidman and Brent A. Whittlesey, Assistant United States Attorneys, United States Attorneys Office for the Central District of California, Los Angeles, CA, for plaintiff-appellee United States of America.