U.S. Tenth Circuit - The FindLaw 10th Circuit Court of Appeals Opinion Summaries Blog

March 2018 Archives

A recent Tenth Circuit decision upholding a contempt sanction issued by the lower district court provides some certainty for organizations that use children for unpaid labor. The basic lesson is that if kids are going to pick nuts on a commercial ranch operation, they need to be paid in money, not peanuts or pecans.

The Fundamental Church of Latter-day Saints, perhaps most widely known for their pro-polygamy stance, got mixed up with Paragon Contractors Corporation, which was recently ordered to pay the church's children $200,000 for unpaid wages again. The corporation attempted to argue that the church kids were actually volunteers, and regardless, the corp. claimed that the church controlled the children, not them. Neither of these arguments persuaded the appellate court to reverse the sanction.

Investment Manager Owes $5 Million for Misappropriation

A former investment manager got a break on nearly $50 million in fines, but still has to disgorge more than $5 million for misappropriating investors' money.

A federal appeals court had upheld orders that Charles Kokesh pay $34.9 million, plus $18 million in interest and a $2.4 million penalty two years ago. It wasn't enough to recoup $85 million his investment firms lost, but he appealed anyway.

Catching the case on the rebound from the U.S. Supreme Court, the U.S. Tenth Circuit Court of Appeals has settled on $5 million. For the government in Securities and Exchange Commission v. Kokesh, it was literally too little, too late.