United States Ninth Circuit

In a prosecution for securities fraud, bank fraud, wire fraud, mail fraud, money laundering, obstruction of justice, and filing a false tax return, following defendant's death, the restitution order against defendant is abated where the restitution order encompassed monies beyond the proceeds of defendant's fraud. However, the district court is directed to retain jurisdiction over the receivership created to preserve the proceeds of the fraudulent scheme where, because of his stipulation to a permanent receivership, defendant could not after death had abated his conviction, challenge the receiver's power to repay victims.

Appellate Information

• Argued 10/05/2009
• Decided 05/03/2010
• Published 05/03/2010

Judges

• Before DIARMUID F. O'SCANNLAIN and N. RANDY SMITH, Circuit Judges, and CHARLES WOLLE,Senior District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Kevin W. Bons, Beckley Law Firm, P.C., Eugene, OR, argued the cause for the defendant-appellant. Kelly R. Beckley filed the briefs., Kelly A. Zusman, Assistant United States Attorney, argued the cause for the plaintiff-appellee and was on the briefs. Sean B. Hoar, Assistant United States Attorney, filed the briefs. Karin J. Immergut, United States Attorney, Kent S. Robinson, Acting United States Attorney, and Robert Nesler, Assistant United States Attorney, also were on the briefs.