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UNITED STATES v. KELLEY

No. 21-2973.

70 F.4th 482 (2023)

UNITED STATES of America, Plaintiff-Appellee v. Douglas A. KELLEY, Receiver-Appellee Thomas Joseph Petters, Defendant. Ritchie Capital Management, L.L.C.; Ritchie Special Credit Investments, Ltd.; Rhone Holdings II, Ltd.; Yorkville Investment I, L.L.C.; Ritchie Capital Management SEZC, Ltd., formerly known as Ritchie Capital Management, Ltd., Intervenors-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: June 9, 2023.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellants and appeared on the brief was Patrick Henry O'Neill, Jr. , of Saint Paul, MN. The following attorney appeared on the appellants brief: Jason T. Johnson , of Minneapolis, MN.

Counsel who presented argument on behalf of the appellees and appeared on the brief was James A. Lodoen , of Minneapolis, MN. The following attorneys appeared on the appellees brief: Gregory G. Brooker , of Minneapolis, MN., Jessica J. Nelson , of Minneapolis, MN., Steven E. Wolter , of Minneapolis, MN.

Before SMITH, Chief Judge, COLLOTON and BENTON, Circuit Judges.

Ritchie Capital Management, LLC fell victim to a massive Ponzi scheme. Ritchie Special Credit Invs., Ltd. v. JPMorgan Chase & Co., 48 F.4th 896, 897 (8th Cir. 2022). Ritchie seeks recovery outside the receivership. But settlement agreements and bar orders prevent recovery. The district court

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