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DONELL v. KOWELL

No. 06-55544.

533 F.3d 762 (2008)

James H. DONELL, Receiver for J.T. Wallenbrock & Associates and Citadel Capital Management Group, Inc., Plaintiff-Appellee, v. Robert KOWELL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 1, 2008.

Attorney(s) appearing for the Case

Richard D. Ackerman, Temecula, CA, for the defendant-appellant.

Peter A. Davidson, Los Angeles, CA, for the plaintiff-appellee.

Before: PASCO M. BOWMAN, MELVIN BRUNETTI, and JAY S. BYBEE, Circuit Judges.

BYBEE, Circuit Judge:

Robert Kowell found an investment opportunity that sounded too good to be true. In Kowell's case, it wasn't. J.T. Wallenbrock & Associates ("Wallenbrock") promised Kowell a 20 percent return on his investment every ninety days, risk free, and that is nearly what he got. Because he received regular interest payments from Wallenbrock, Kowell was quite surprised to learn later that an SEC investigation had revealed the business to be a Ponzi...

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