US v. Resnick, No. 08-4039

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.     

Read US v. Resnick, No. 08-4039

Appellate Information

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division

Decided February 2, 2010

Judges

Before: Posner, Manion, and Hamilton, Circuit Judges

Opinion by Circuit Judge  Hamilton