Legal Opinion

Official Committee of Unsecured Creditors of PSA, Inc. v. Edwards

Court of Appeals for the Eleventh Circuit

Decided January 30, 2006No. 05-12320PublishedCited by 94 opinions

1Opinion of the Court

PRYOR, Circuit Judge:

This appeal presents two issues, the first of which is an issue of first impression in this Circuit: (1) whether the doctrine of in pari delicto bars a trustee’s claims on behalf of a bankrupt debtor for violations of the Racketeer Influenced and Corrupt Organizations Act; and (2) whether the trustee can maintain a claim for aiding and abetting a breach of fiduciary duties under Georgia law. See 11 U.S.C. § 541(a); 18 U.S.C. § 1964(c). Darryl S. Laddin is the trustee-in-bankruptcy for ETS, which operated a massive Ponzi scheme that defrauded thousands of investors of…

2Cases cited28 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. United States v. TurketteSupreme Court of the United States · 1981
  3. Reves v. Ernst & YoungSupreme Court of the United States · 1993
  4. Sandra Jackson v. BellSouth TelecommunicationsCourt of Appeals for the Eleventh Circuit · 2004
  5. Securities & Exchange Commission v. Capital Gains Research Bureau, Inc.Supreme Court of the United States · 1963

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3Cited by94 opinions

  1. Nisselson v. LernoutCourt of Appeals for the First Circuit · 2006
  2. United States v. BrowneCourt of Appeals for the Eleventh Circuit · 2007
  3. Reinaldo Ramon Lamonica v. Safe Hurricane Shutters, Inc.Court of Appeals for the Eleventh Circuit · 2013
  4. Rogers v. McDormanCourt of Appeals for the Fifth Circuit · 2008
  5. Adelphia Communications Corp. v. Bank of America, N.A. (In Re Adelphia Communications Corp.)United States Bankruptcy Court, S.D. New York · 2007

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