Donell v. Kowell’s Empirical Analysis
533 F.3d 762 · 2008
Citation profile
14 federal appellate · 9 district · 14 state decisions
How this case has been cited
Cited by 103 later decisions — most recently November 2024 · most notably Janvey v. Alguire (2011), Securities Investor Protection Corp. v. Bernard L. Madoff Investment Securities LLC (In Re Bernard L. Madoff Investment Securities LLC) (2010)
14 federal appellate · 9 district · 14 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 11 U.S.C. § 544 · 11 U.S.C. § 548 · 15 U.S.C. § 77V (§ 22 of the Securities Act of 1933) · 15 U.S.C. § 78A (§ 1 of the Securities Exchange Act of 1934) · 28 U.S.C. § 1367
Relies on Lampf, Pleva, Lipkind, Prupis & Petigrow v. Gilbertson · Cunningham v. Brown · Peacock v. Thomas · Scholes v. Lehmann · Agricultural Research and Technology Group Inc Hayes v. Palm Seedlings Partners
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 103 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[I]t may seem `only fair' that [the early investor] should be entitled to the profits ... made with his money.... [However, h]e should not be permitted to benefit from a fraud at [later investors'] expense merely because he was not himself to blame for the fraud.”
5 later decisions quote this exact passage · from the majority“A Ponzi scheme is a financial fraud that induces investment by promising extremely high, risk-free returns, usually in a short time period, from an allegedly legitimate business venture. "The fraud consists of funnelling proceeds received from new investors to previous investors in the guise of profits from the alleged business venture, thereby cultivating an illusion that a legitimate profit-making business opportunity exists and inducing further investment." In re United Energy Corp., 944 F.2d 589 , 590 n. 1 (9th Cir.1991). See generally Cunningham v. Brown, 265 U.S. 1, 7-9 , 44 S.Ct. 424 , 68 L.Ed. 873 (1924) (detailing the remarkable criminal financial career of Charles Ponzi).”
3 later decisions quote this exact passage · from the majority“Ponzi schemes leave no true winners once the scheme collapses. In recognition of that unpleasant reality, courts adhere to the ‘principle that equality is equity’ in dealing with the aftermath of an imploded Ponzi scheme.”
3 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.