green
Positive treatment
Quoted verbatim 1×
6.0 score
“transfers from to defendants that exceeded the return of defendants' principal, i.e. , that constituted profits, were not 'for value”
Treatment trajectory · 2011 → 2026 · click a year to view as-of
2011
2018
2026
Top citers, strongest first. 5 distinct citers.
How cited ↗
discussed
Cited "but see"
Bennett v. Islamic Republic of Iran
But see Weinstein v. Islamic Rep. of Iran, 609 F.3d 43, 53 (2d Cir.2010), cert. denied, - U.S. -, 133 S.Ct. 21 , 183 L.Ed.2d 675 (2012) (explaining that the Supreme Court found in Sumitomo Shoji America, Inc. v. Avagliano, 457 U.S. 176 , 102 S.Ct. 2374 , 72 L.Ed.2d 765 (1982), that this language is found in a number of treaties, and was not designed to give separate juridical status to instrumentalities). .
discussed
Cited as authority (quoted)
Sec. Investor Prot. Corp. v. Bernard L. Madoff Inv. Sec. LLC (In re Madoff)
transfers from to defendants that exceeded the return of defendants' principal, i.e. , that constituted profits, were not 'for value
cited
Cited "see"
Sec. Investor Prot. Corp. v. Bernard L. Madoff Inv. Sec. LLC
See *474 Velvel v. Picard, 567 U.S. 934 , 133 S.Ct. 25 , 183 L.Ed.2d 675 (2012).
discussed
Cited "see"
Securities Investor Protection Corp. v. Bernard L. Madoff Investment Securities LLC (In re Madoff)
(B & P Memo at 25-28.) “A ‘Ponzi scheme’ typically describes a pyramid scheme where earlier investors are paid from the investments of more recent investors, rather thandrom any underlying business concern, until the scheme ceases to attract new investors and the pyramid collapses.” Eberhard v. Marcu, 530 F.3d 122 , 132 n. 7 (2d Cir.2008); accord In re BLMIS, 654 F.3d 229, 232 (2d Cir.2011) (“Net Equity Decision”), cert. denied, — U.S. —, 133 S.Ct. 25 , 183 L.Ed.2d 675 (2012); see United States v. Moloney, 287 F.3d 236, 242 (2d Cir.) (“A Ponzi scheme by definition uses the pu…
discussed
Cited "see"
Securities Investor Protection Corp. v. Bernard L. Madoff Investment Securities LLC (In re Madoff)
(2×)
See Net Equity Decision, 424 B.R. 122 (Bankr.S.D.N.Y.2010), aff 'd 654 F.3d 229 (2d Cir. 2011), cert. denied, — U.S. -, 133 S.Ct. 24 , 183 L.Ed.2d 675 (2012), — U.S. -, 133 S.Ct. 25 , 183 L.Ed.2d 675 (2012). 7 At such time, both this Court and the Second Circuit explicitly declined to address the issue of whether the Net Investment Method should be adjusted to account for Time-Based Damages.
Retrieving the full opinion text from the archive…
Bank Melli Iran New York Representative Office
v.
Weinstein
v.
Weinstein
No. 10-947.
Supreme Court of the United States.
Jun 25, 2012.
C. A. 2d Cir. Certiorari denied.