Chopp Computer Corporation, Inc., a British Columbia Corporation v. United States of America Painewebber Incorporated, a Delaware Corporation

The majority holds that the United States can step in and seize the funds in a judgment debtor’s investment account, even though it knows that a state court has already issued a preliminary injunction against the debtor’s use of those funds in another judgment creditor’s favor. I believe that the majority’s opinion is unwarranted in light of existing precedent. I also believe that the majority erroneously rewards the government for its improper conduct. Accordingly, I dissent.

A. Constructive Trust.

The majority argues that CHoPP cannot prevail on its conversion claim against the United States…