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U.S. v. BADGER

Nos. 14-4110, 14-4119.

818 F.3d 563 (2016)

UNITED STATES of America, Plaintiff-Appellant/Cross-Appellee, v. George BADGER; Lajuana Badger; SB Trust; David Badger, as Trustee for the SB Trust; Ardco Leasing & Investment, LLC; American Resources and Development Company, Inc.; Springfield Finance and Mortgage Company, LLC, Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

March 25, 2016.

Attorney(s) appearing for the Case

Robert D. Kamenshine , Appellate Staff, Civil Division, ( Benjamin C. Mizer , Principal Deputy Assistant Attorney General, Joyce R. Branda , Acting Assistant Attorney General, Carlie Christensen , United States Attorney, and Leonard Schaitman , Appellate Staff, Civil Division with him on the briefs) United States Department of Justice, Washington, D.C., for Appellant/Cross Appellee.

Shawn D. Turner , Turner & Stamos, ( Stephen W. Cook , Cook & Monahan, with him on the briefs), Salt Lake City, UT, for the Appellees/Cross-Appellants.

Before LUCERO, HARTZ, and GORSUCH, Circuit Judges.

In 2004 the Securities and Exchange Commission (SEC) entered into a stipulated judgment with George Badger enjoining him from various activities and requiring him to pay $19.2 million (the Consent Judgment). The government has recovered only $6,548. It seeks a declaration that American Resources and Development, Inc. (ARDCO...

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