庞氏骗局接收者可以向得克萨斯州投资者提出证券索赔，后者受益于欺诈bob200体育

据美国犹他州地方法院称，R。WayneKlein是庞氏骗局涉及Winsome Investment Trust和US Ventures可以继续他的主张，即从收到比她投资更多的投资者那里获取资金。戴尔·金博尔（Dale A.

Per the court, Winsome sent nearly $25 million to US Ventures, which allegedly bilked investors while claiming to be involved in commodity trading. Robert Andres, who ran Winsome Investment Trust, is accused of soliciting Abdulbaki for money to take part in a commodity futures pool.

She put $65,000 into Winsome and between 6/31/07 and 3/28/08 she received payments of $92,250. However, the court says that during the time that Abdulbaki was paid this amount, Winsome was not solvent because it was being run as a Ponzi scam.

Finding no merit to her claims that she isn’t subject to personal jurisdiction, the court said that federal receiver statutes allow for “nationwide service of process for in personam as well as in rem jurisdiction.” It also found that Abdulbaki’s statute of limitations defense does not succeed on a number of grounds, including that for this case equitable tolling is allowed under the doctrine of adverse domination. Per the doctrine, the statute of limitations for an entity’s claim is tolled when the entity is dominated and controlled by individuals taking part in behavior that harms it. The court found that the doctrine applies to this case because Andres had sole control of Winsome until the receiver’s appointment removed him. Therefore, says the court, the statute of limitations was tolled until the appointment of the receiver and his claims are, as a result, timely. (Before Klein’s appointment, receivership entities would not have been able to avail of their legal rights.)

得克萨斯州证券律师威廉·谢泼德（William Shepherd）在评论法院的裁决时bob200体育说：“在这些情况下使用的爪子背包系统非常不公平，并且对待欺诈受害者，就好像他们是肇事者一样！几年前收到的钱已用于必需品，投资于房屋，企业或用于缴税或捐款。不环绕这样的铃铛可能非常苛刻！无辜的人通常会从他人的不法行为中获得收益。虽然其他人死亡，但许多使用危险不明的毒品会受益。度假村所有者从豪华活动中获利以招待政府雇员。骗子为房屋和汽车支付最高的费用，并过度小费。从犯罪中受益的无辜者名单很长。至少，那些从庞氏骗局中受益的人应被允许保留他们将获得的利息或如果他们的资金得到适当投资，他们本可以赚取的利益。”

Klein诉Abdulbaki，D。犹他州，第2：11-cv-0095

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