US v. Berger, No. 08-50415 - Criminal Law - U.S. Ninth Circuit
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US v. Berger, No. 08-50415

In a loan fraud prosecution, denial of appellant's motion seeking a share of the proceeds of a transaction made by defendant, her husband, is affirmed where community property is available to satisfy a restitution judgment obtained under the Mandatory Victim Restitution Act (MVRA) against a criminally liable spouse, including that portion of the property that otherwise would potentially be awarded upon dissolution of marriage to an innocent spouse who was not involved in the criminal activity.

Read US v. Berger, No. 08-50415

Appellate Information

Argued and Submitted June 1, 2009

Filed July 31, 2009

Judges

Opinion by Judge Smith

Counsel

For Appellant:

Jenny O. Blake, Chicago, IL

For Appellee:

Leon W. Seidman, Assistant United States Attorney, United States Attorney's Office for the Central District of California, Los Angeles, CA

Brent A. Whittlesey, Assistant United States Attorney, United States Attorney's Office for the Central District of California, Los Angeles, CA