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U.S. v. RITCHIE SPECIAL CREDIT INVESTMENTS, LTD.

No. 09-2528.

620 F.3d 824 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. RITCHIE SPECIAL CREDIT INVESTMENTS, LTD.; Rhone Holdings II, Ltd.; Yorkville Investments I, LLC; Ritchie Capital Structure Arbitrage Trading, Ltd.; Ritchie Capital Management, LLC, Movants-Appellants, Thomas Joseph Petters, dba Petters Company, Inc., dba Petters Group Worldwide, LLC, dba PCI; Deanna Coleman, also known as Deanna Munson; Robert White; James Wehmhoff; Larry Reynolds, dba Nationwide International Resources, also known as NIR; Michael Catain, dba Enchanted Family Buying Company; Frank E. Vennes, Jr., dba Metro Gem Finance, dba Metro Gem Inc., dba Grace Offerings of Florida LLC, dba Metro Property Financing, LLC, dba 38 E. Robinson, LLC, dba 55 E. Pine, LLC, dba Orlando Rental Pool, LLC, dba 100 Pine Street Property, LLC, dba Orange Street Tower, LLC, dba Cornerstone Rental Pool, LLC, dba 2 South Orange Avenue, LLC, dba Hope Commons, LLC, dba Metro Gold, Inc., Defendants-Appellees, Allen J. Munson, Movant-Appellee, Minnwest Bank M.V; Minnwest Bank Metro, Intervenors-Appellees, Douglas Arthur Kelley, Receiver-Appellee, Gary Hansen, Receiver-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: September 2, 2010.

Attorney(s) appearing for the Case

> Timothy D. Kelly , argued, Minneapolis, MN, Max H. Kieley , Sarah E. Bushnell , Jennifer S. Wilson , Minneapolis, MN, Brenda Grantland , Mill Valley, CA, on the brief, for appellants.

David W. Fuller , AUSA, argued, Robyn Ann Millencker , AUSA, Ana H. Voss , on the brief, Minneapolis, MN, for appellee.

Before WOLLMAN, SMITH, and BENTON, Circuit Judges.

SMITH, Circuit Judge.

Ritchie Special Credit Investments, Ltd., et al. (collectively, "Ritchie") twice sought to intervene into an adversary proceeding initiated by the government pursuant to 18 U.S.C. § 1345 against Minnesota businessman Thomas J. Petters, certain businesses that Petters owned, including Petters Group Worldwide, LLC, (PGW), and other individuals. The § 1345 action alleged that Petters and his associates orchestrated an extensive...

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