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Daily Case Update Archive
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February 17, 2005
Today's topics: bankruptcy, "discharge for value" defense, hearsay
evidence, restitution, sentencing
Ohio Supreme Court
| Ohio First District |
U.S. 6th Circuit - Ohio |
U.S. 6th Circuit - Other States
- Ohio Supreme Court
- No opinions.
- First District Court of Appeals
- No opinions.
- U.S. Sixth Circuit Court of Appeals: Ohio Cases
- No opinions.
- U.S. Sixth Circuit Court of Appeals: Other States Cases
- In re: Calumet Farm (February 17, 2005) (Appeal from E.D. Ky.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0077p-06.pdf
Calumet Farm owed White Birch $1 million and authorized a wire
transfer payment to pay part of the debt. But the First National Bank wired
10 times the amount. Calumet Farm sought recovery of the excess but White
Farm refused, and Calumet Farm filed for bankruptcy. First National sued
White Birch for restitution, using the "discharge for value" defense. The
bankruptcy court and district court ruled for White Birch. Reversed and
remanded to enter judgment for First National Bank.
United States v. McDaniel
United States v. Wade (February 17, 2005) (Appeal from W.D. Mich.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0076p-06.pdf
McDaniel and Wade were convicted of conspiracy, theft of mail, and
bank fraud. They both appealed their sentences and also asserted that the
district court had erred in statements made during the Postal Inspector's
investigation were inadmissible, and in calculating the restitution owed.
Affirmed, but sentences vacated and remanded for resentencing in light of
U.S. v. Booker.
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