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Divorce Settlements Funded By Proceeds of Fraud
This past June, the United States Court of Appeals for the Second Circuit asked the New York Court of Appeals to provide guidance on questions of New York law related to the proceeds of a divorce settlement where such proceeds were funded by ill-gotten gains.
In deciding Commodity Futures Trading Commission v. Walsh, 618 F3d 218 (2d Cir. 2010), the Second Circuit asked the Court of Appeals to enlighten them as to whether, under New York law, a wife could keep the money she received from her divorce settlement where a portion of the distributed assets were derived from her husband's illegal activities and where the wife did not know that those monies were the husband's criminal booty. The Court of Appeals basically answered “yes,” finding that a spouse who negotiated her settlement agreement in good faith and exchanged “fair consideration” for the assets that she received is entitled to keep the money, irrespective of the source. Therefore, according to the Court of Appeals, the government must obtain the funds to make the fraud victims whole from somewhere other than from the innocent, recipient spouse.
The Divorce Settlement
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