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U.S. v. ERPENBECK

No. 11-3530.

682 F.3d 472 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. A. William ERPENBECK, Jr., Defendant, and Michael L. Baker, Trustee in Bankruptcy for A. William Erpenbeck, Jr., Movant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 21, 2012.

Attorney(s) appearing for the Case

ARGUED: Debra S. Pleatman , Ziegler & Schneider, P.S.C., Covington, Kentucky, for Appellant. Deborah D. Grimes , Assistant United States Attorney, Cincinnati, Ohio, for Appellee. ON BRIEF: Debra S. Pleatman , Ziegler & Schneider, P.S.C., Covington, Kentucky, for Appellant. Deborah D. Grimes , Assistant United States Attorney, Cincinnati, Ohio, for Appellee.

Before: SUTTON, McKEAGUE and RIPPLE, Circuit Judges.

OPINION

SUTTON, Circuit Judge.

In a fact pattern befitting a John Grisham novel, FBI agents found a cooler filled with more than $250,000 in cash buried at a private golf course outside Cincinnati. The money belonged to A. William Erpenbeck, Jr., a convicted fraudster then serving a 300-month sentence in federal prison. What came next is a tug-of-war over who gets the money: the government, which wants a criminal forfeiture of the cash, or the trustee of...

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