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U.S. v. BADGER

Nos. 14-4110, 14-4119.

818 F.3d 563 (2016)

UNITED STATES of America, Plaintiff-Appellant/Cross-Appellee, v. George BADGER; Lajuana Badger; SB Trust; David Badger, as Trustee for the SB Trust; Ardco Leasing & Investment, LLC; American Resources and Development Company, Inc.; Springfield Finance and Mortgage Company, LLC, Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

March 25, 2016.

Attorney(s) appearing for the Case

Robert D. Kamenshine, Appellate Staff, Civil Division, (Benjamin C. Mizer, Principal Deputy Assistant Attorney General, Joyce R. Branda, Acting Assistant Attorney General, Carlie Christensen, United States Attorney, and Leonard Schaitman, Appellate Staff, Civil Division with him on the briefs) United States Department of Justice, Washington, D.C., for Appellant/Cross Appellee.

Shawn D. Turner, Turner & Stamos, (Stephen W. Cook, Cook & Monahan, with him on the briefs), Salt Lake City, UT, for the Appellees/Cross-Appellants.

Before LUCERO, HARTZ, and GORSUCH, Circuit Judges.

In 2004 the Securities and Exchange Commission (SEC) entered into a stipulated judgment with George Badger enjoining him from various activities and requiring him to pay $19.2 million (the Consent Judgment). The government has recovered only $6,548. It seeks a declaration that American Resources and Development, Inc. (ARDCO...

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