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BELMONT v. MB INV. PARTNERS, INC.

No. 12-1580.

708 F.3d 470 (2013)

Barry J. BELMONT; Philadelphia Financial Services, LLC; Thomas J. Kelly, Jr.; Frances R. Kelly; Gary O. Perez, Appellants, v. MB INVESTMENT PARTNERS, INC.; Centre MB Holdings; Centre Partners Management, LLC; Robert M. Machinist; Mark E. Bloom; Ronald L. Altman; Lester Pollack; William M. Tomai; Guillaume Bebear; P. Benjamin Grosscup; Thomas N. Barr; Christine Munn; Robert A. Bernhard.

United States Court of Appeals, Third Circuit.

Filed: February 22, 2013.

Attorney(s) appearing for the Case

Joseph R. Loverdi , Paul C. Madden , [Argued], Buchanan Ingersoll & Rooney, Philadelphia, PA, for Appellants.

Peter J. Hoffman , Jeffrey P. Lewis , Eckert, Seamans, Cherin & Mellott, Philadelphia, PA, Edward D. Kutchin , [Argued], Kerry R. Northup , Berluti McLaughlin & Kutchin, Boston, MA, for Appellees, MB Investment Partners Inc., Robert M. Machinist, P. Benjamin Grosscup, Thomas N. Barr, Christine Munn, Robert A. Bernhard.

Joshua S. Amsel , [Argued], Weil, Gotshal & Magnes, New York, NY, Teresa N. Cavenagh , Duane Morris , Philadelphia, PA, Alan T. Gallanty , [Argued], Kantor, Davidoff, Wolfe, Mandelker, Twomey & Gallanty, New York, NY, Joseph J. Langkamer , Samuel W. Silver , Schander Harrison Segal & Lewis, Philadelphia, PA, for Appellee Ronald L. Altman.

Before: SCIRICA, FISHER, and JORDAN, Circuit Judges.

OPINION OF THE COURT

JORDAN, Circuit Judge.

This case arises from a now-defunct Ponzi scheme. The defendants are MB Investment Partners, Inc. ("MB"), a registered investment adviser, and various persons affiliated with MB. The fraudulent scheme was perpetrated by Mark Bloom while he was an employee and officer of MB, through a hedge fund called North Hills, L.P. ("North Hills") that Bloom controlled and managed...

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