Legal Opinion
Securities & Exchange Commission v. Lincoln Thrift Ass'n
Court of Appeals for the Ninth Circuit
Decided June 28, 1978No. 77-2633PublishedCited by 69 opinions
1Opinion of the Court
J. BLAINE ANDERSON, Circuit Judge:
These bond forfeiture appeals 1 present a single issue: is a surety entitled to notice of its principal’s failure to appear? We hold that under rule 46(e)(1), Fed.R.Crim.P., notice is not required. We affirm the District Court’s ruling in each case in favor of the government.
On August 16, 1976, defendant Vera-Estrada failed to appear in District Court, and his $5,000 bail bond was ordered forfeited. The government first notified defendant’s surety, appellant herein, of the forfeiture when it moved for judgment based on the forfeiture on March 11, 1977.…
2Cases cited5 opinions
- United States of America, and v. Larry Kenneth Gonware, Glenn Holmes Bail Bond AgencyCourt of Appeals for the Ninth Circuit · 1969
- United States v. Thomas Miller, Resolute Insurance CompanyCourt of Appeals for the Fifth Circuit · 1976
- United States v. Clemente Marquez v. Jean Wilson, Noel Dion, John H. Wimberly and Fred Joe Moreno, Sureties-AppellantsCourt of Appeals for the Tenth Circuit · 1977
- United States v. Alfred Catino, Public Service Mutual Insurance Co., Anthony Catino, Theresa Peduto, Mary Mariccio and Jerry DefeoCourt of Appeals for the Second Circuit · 1977
- United States v. PayneDistrict Court, D. Connecticut · 1967
3Cited by69 opinions
- United States v. ChagraCourt of Appeals for the Fifth Circuit · 1983
- City of Cleveland v. OhioCourt of Appeals for the Sixth Circuit · 2007
- United States v. OregonCourt of Appeals for the Ninth Circuit · 1984
- Securities & Exchange Commission v. Capital Consultants, LLCCourt of Appeals for the Ninth Circuit · 2005
- Securities & Exchange Commission v. Vescor Capital Corp.Court of Appeals for the Tenth Circuit · 2010
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