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U.S. v. RICH

No. 08-30153.

603 F.3d 722 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Marks RICH, aka Richard Forbes Williams, aka Richard Morgan Forbes, aka Michael Richard Brown, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 3, 2010.

Attorney(s) appearing for the Case

Kevin W. Bons, Beckley Law Firm, P.C., Eugene, OR, argued the cause for the defendant-appellant. Kelly R. Beckley filed the briefs.

Kelly A. Zusman, Assistant United States Attorney, argued the cause for the plaintiff-appellee and was on the briefs. Sean B. Hoar, Assistant United States Attorney, filed the briefs. Karin J. Immergut, United States Attorney, Kent S. Robinson, Acting United States Attorney, and Robert Nesler, Assistant United States Attorney, also were on the briefs.

Before: DIARMUID F. O'SCANNLAIN and N. RANDY SMITH, Circuit Judges, and CHARLES WOLLE, Senior District Judge.

O'SCANNLAIN, Circuit Judge:

We consider whether the estate of a criminal defendant who dies pending appeal of his fraud conviction must continue to pay restitution to victims.

I

Michael Rich operated Pac Equities, a real estate investment firm. As president of the firm, he solicited investors with promises of high annual returns and low loan-to-value ratios, touting his prior successes. Unfortunately, Pac Equities was a Ponzi scheme. Over the course...

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