No. 18-92

David V. Perry v. Bruce Kriegman

Lower Court: Ninth Circuit
Docketed: 2018-07-20
Status: Denied
Type: Paid
Relisted (2)
Tags: bankruptcy bankruptcy-law clawback-provisions constitutional-rights due-process fraudulent-transfer fundamental-human-rights ponzi-scheme presumption trustee vague-laws
Key Terms:
DueProcess Punishment JusticiabilityDoctri
Latest Conference: 2018-11-16 (distributed 2 times)
Question Presented (AI Summary)

What is a Ponzi Scheme and are the vague laws and interpretations surrounding its definition and the subsequent enforcement of the Ponzi Scheme Presumption Constitutional, especially when negating or tending to negate the Constitutional and Fundamental Human Rights of investors and others involved?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. What is a Ponzi Scheme and are the vague laws : and: interpretations surrounding its definition and the subsequent enforcement of the Ponzi Scheme Presumption Constitutional, especially when negating : or tending to negate the Constitutional and Fundamental Human Rights of investors and others involved? 2. Is every transfer occurring in the course ofa Ponzi scheme (including grocery purchases) actual fraud as a matter of law? 3. Can a business, that the court appointed bankruptcy examiner identifies as legitimate, profitable and viable and which makes millions of dollars of operating profit while in bankruptcy, constitutionally be labeled a Ponzi Scheme due primarily to being poorly managed . , before bankruptcy, using accountancy methods introduced to serve to the self-benefit of Trustee? 4, Are the vague subjective standards of good/bad faith clawbacks under the Ponzi Scheme Presumption, which can deprive individuals of life, liberty and . property, constitutional? 5. If the terms of Promissory Notes issued by a business engaging in legitimate business operations give that business the Constitutional right to use those funds to pay other investors, can those payments then be classified as fraudulent payments furthering a Ponzi Scheme? 6. Does-a Court have jurisdiction to grant a bankruptcy trustee the power to claw back funds that.were , received up to 14 years earlier and in some instances when the debtors’ business was for years located in and doing business solely in Canada? ii ;

Docket Entries

2018-11-19
Rehearing DENIED.
2018-10-31
DISTRIBUTED for Conference of 11/16/2018.
2018-10-25
2018-10-01
Petition DENIED.
2018-09-05
DISTRIBUTED for Conference of 9/24/2018.
2018-08-30
Reply of petitioner David V. Perry filed. (Distributed)
2018-08-20
Brief of respondent Bruce Kriegman in opposition filed.
2018-07-16
Petition for a writ of certiorari filed. (Response due August 20, 2018)

Attorneys

Bruce Kriegman
Michael John KapaunWitherspoon, Kelley, Davenport & Toole, P.S., Respondent
Michael John KapaunWitherspoon, Kelley, Davenport & Toole, P.S., Respondent
David V. Perry
David V. Perry — Petitioner
David V. Perry — Petitioner