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IN RE ROTHSTEIN, ROSENFELDT, ADLER, P.A.

No. 11-10676.

717 F.3d 1205 (2013)

In re ROTHSTEIN, ROSENFELDT, ADLER, P.A., a.k.a. RRA, Debtors. United States of America, Plaintiff-Appellee, v. Scott W. Rothstein, Defendant-Appellee, Todd D. Snyder, Intervenor-Interested Party-Appellee, Herbert Stettin, Chapter 11 Trustee, Interested Party-Appellant, Regions Bank, Petitioner, Solar Air, Inc., Interpleader.

United States Court of Appeals, Eleventh Circuit.

June 12, 2013.

Attorney(s) appearing for the Case

Madeleine R. Shirley , Evelyn Baltodano-Sheehan , Wifredo A. Ferrer , Alison Whitney Lehr , Kathleen Mary Salyer , Anne Ruth Schultz , U.S. Attys., Miami, FL, Jeffrey Kaplan , Lawrence D. LaVecchio , Paul Schwartz , U.S. Attys., Fort Lauderdale, FL, for Plaintiff-Appellee.

Sharon Lee Kegerreis , Isaac Marcushamer , Paul Steven Singerman , Berger Singerman , LLP, Cary Alan Lubetsky , Krinzman, Huss & Lubetsky, Miami, FL, for Interested Party-Appellant.

Marc S. Nurik , Law Office of Robert E. Goldman, Fort Lauderdale, FL, for Defendant-Appellee.

Before TJOFLAT and MARTIN, Circuit Judges, and BUCKLEW, District Judge.

TJOFLAT, Circuit Judge:

A number of criminal statutes within the Federal Code mandate that a defendant, when convicted, forfeit to the United States as part of his sentence the lucre he acquired as a result of his criminal activity. In this case, the defendant, a lawyer, deposited the lucre in his law firm's bank accounts, where it was commingled with the firm's receipts from legitimate clients. The question this appeal presents is whether the money in the bank accounts...

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