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ACHERON CAPITAL, LTD. v. MUKAMAL

No. 21-13052.

22 F.4th 979 (2022)

ACHERON CAPITAL, LTD., in its capacity as investment manager, Plaintiff-Appellant, Securities and Exchange Commission, et al., Plaintiffs, v. Barry MUKAMAL, AS TRUSTEE OF the MUTUAL BENEFITS KEEP POLICY TRUST, Interested Party-Appellee, Mutual Benefits Corp., et al., Defendants.

United States Court of Appeals, Eleventh Circuit.

Filed: January 6, 2022.

Attorney(s) appearing for the Case

Julissa Rodriguez , Larry I. Glick , Shutts & Bowen, LLP, Miami, FL, Daniel R. Lazaro , Miranda Lundeen Soto , Buchanan Ingersoll & Rooney, PC, Miami, FL, Steven L. Schreckinger , Anderson & Kreiger LLP, Boston, MA, for Plaintiff-Appellant.

John Arrastia, Jr. , Angelo Michael Castaldi , Attorney, Genovese Joblove & Battista, PA, Miami, FL, David L. Rosendorf , Kozyak Tropin & Throckmorton, LLP, Coral Gables, FL, for Interested Party-Appellee.

Before William Pryor, Chief Judge, Grant, and Anderson, Circuit Judges.

This appeal is the latest in a years-long postjudgment dispute about the disposition of fraudulently sold investments. The question presented is whether some combination of court orders and agreements permits the court-appointed trustee to sell the interests of Acheron Capital, Ltd., and its portfolio companies in those...

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