Legal Opinion
United States v. Berger
Court of Appeals for the Ninth Circuit
Decided July 31, 2009No. 08-50415PublishedCited by 12 opinions
1Opinion of the Court
MILAN D. SMITH, JR., Circuit Judge:
In this appeal, Third-Party Movant-Appellant Cornelia Berger (Cornelia) contends that the district court erred in including her community property interest in the proceeds of a real estate sale among the funds payable to victims of her former husband’s fraud pursuant to the Mandatory Victim Restitution Act (MVRA), 18 U.S.C. § 3663(a). We hold that community property is available to satisfy a restitution judgment obtained under the MVRA against a criminally liable spouse, including that portion of the property that otherwise would potentially be awarded upon…
2Cases cited8 opinions
- Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990
- United States v. Richard I. Berger, United States of America v. Richard I. BergerCourt of Appeals for the Ninth Circuit · 2007
- United States v. PetersonCourt of Appeals for the Ninth Circuit · 2008
- United States v. Richard J. Lester, and Sheila Lester, Petitioner-Claimant-AppellantCourt of Appeals for the Ninth Circuit · 1996
- United States v. $814,254.76, in U.S. Currency, Contents of Valley National Bank Account No. 1500-8339, Banamex, Claimant-AppellantCourt of Appeals for the Ninth Circuit · 1995
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- United States v. DannCourt of Appeals for the Ninth Circuit · 2011
- United States v. Aguirre-GonzalezCourt of Appeals for the First Circuit · 2010
- United States v. Gary KovallCourt of Appeals for the Ninth Circuit · 2017
- United States v. Kimball RichardsCourt of Appeals for the Ninth Circuit · 2012
- United States v. Ellen SwensonCourt of Appeals for the Ninth Circuit · 2020
7 more not listed; retrieve them via the Exa API.