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SENDER v. SIMON

No. 94-1569.

84 F.3d 1299 (1996)

Harvey SENDER, Trustee of the Bankruptcy Estates of Hedged-Investments Associates, Inc., Hedged-Securities Associates, LP, Hedged-Investments Associates, LP, and Hedged-Investments Associates II, LP, Plaintiff-Appellant, v. William E. SIMON; Baker Family Partnership I, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 23, 1996.

Attorney(s) appearing for the Case

John B. Wasserman (Bonnie A. Bell with him on the briefs), Katch, Sender & Wasserman, P.C., Denver, Colorado, for Plaintiff-Appellant.

David C. Warren (James E. Scarboro and Allison Hartwell Eid with him on the brief) Arnold & Porter, Denver, Colorado, for Defendants-Appellees.

Before BRORBY and McWILLIAMS, Circuit Judges, and KERN, District Judge.

BRORBY, Circuit Judge.

This case arises out of an elaborate and long-running Ponzi scheme.1 As with all Ponzi schemes, this one collapsed and left many innocent investors with significant losses. The scheme was masterminded and operated by a man named James Donahue, whom a federal district court sentenced to federal prison for his role in the debacle. In his operation of the scheme, Mr. Donahue utilized a solely-owned corporation and three...

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