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F.D.I.C. v. CLARK

Nos. 89-1342, 89-1343.

978 F.2d 1541 (1992)

The FEDERAL DEPOSIT INSURANCE CORPORATION, Plaintiff-Appellant and Cross-Appellee, v. Glen B. CLARK, Jr.; Hamilton, Myer, Swanson, Faatz & Clark; and Robert K. Swanson, Defendants-Appellees and Cross Appellants.

United States Court of Appeals, Tenth Circuit.

October 22, 1992.

Attorney(s) appearing for the Case

Robert D. McGillicuddy, Washington, D.C. (Todd L. Vriesman, Kirkland & Ellis, and Gary Cornwell and Kent E. Hanson, Cornwell & Blakey, Denver, Colo., on the Brief), for plaintiff F.D.I.C.; John Thomas and Joan S. van Berg, F.D.I.C., Washington, D.C., of counsel.

Kenneth C. Groves, Denver, Colo. (Philip A. Rouse, Jr., and John S. Butcher, on the Brief), for defendants-appellees and cross appellants.

Before McKAY, Chief Judge, and TACHA, Circuit Judge, and BROWN, Senior District Judge.

WESLEY E. BROWN, Senior District Judge.

This action was brought by the Federal Deposit Insurance Corporation against two attorneys, defendants Clark and Swanson, and their law firm, to recover damages sustained by the Aurora Bank, a Colorado state bank, which was closed on November 1, 1985, when the Colorado State Bank Commissioner determined that it was insolvent.

The losses to the bank arose from a fraudulent conspiracy, known as the "heist money scheme...

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