Opinion · Court of Appeals for the Seventh Circuit
United States v. Donald P. McManigal
723 F.2d 580
- Type
- Opinion
- Court
- Court of Appeals for the Seventh Circuit
- Jurisdiction
- Federal
- Date
- 1983-12-20
- Topic
- bankruptcy
How later courts describe this case
- non-fiduciary of corporation guilty for scheming with employee who did owe fiduciary duty to the corporation
Citator
UpLaw has not yet analyzed United States v. Donald P. McManigal. The absence of a flag is not a finding that it is good law.
- Cited by
- 13 opinions
UNITED STATES v. McMANIGAL,723 F.2d 580(7th Cir. 1983)
UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. DONALD P. McMANIGAL,
DEFENDANT-APPELLANT.
No. 82-1754.
United States Court of Appeals, Seventh Circuit.
December 20, 1983.
Rehearing and Rehearing En Banc Denied March 14 and May 17, 1984.
Before CUMMINGS, Chief Judge, HARLINGTON WOOD, Jr., Circuit Judge, andPage 581WALTER E. HOFFMAN, Senior District Judgefn*.
[2] ORDER
[3] On consideration of the parties' Circuit Rule 19 statements, filed this month in the light ofRussello v. United States,___ U.S. ___,104 S.Ct. 296,78 L.Ed.2d 17(1983), our judgment of May 19, 1983 (see708 F.2d 276) is vacated insofar as it holds that "any interest" in forfeiture section of racketeering statute (18 U.S.C. § 1963(a)(1) does not include proceeds derived from a pattern of racketeering activity (708 F.2d at 283-287) but is reaffirmed insofar as it holds that the United States can only recover whatever accounts receivable were still in existence at time of defendant's conviction (708 F.2d at 287-290).2Therefore the district court's order forfeiting $99,700 to the United States remains reversed.
- See ___ U.S. ___,104 S.Ct. 419,78 L.Ed.2d 355. ↩
- The Honorable Walter E. Hoffman, Senior District Judge for the Eastern District of Virginia, is sitting by designation. ↩
- This question was left open inRussello.___ U.S. at ___ n. 3,104 S.Ct. at 304n. 3. ↩