John Wadsworth, individually and as trustee for RBT Victim Recovery Trust; RBT Victim Recovery Trust, Plaintiffs-Appellants,
Ronald B. Talmage and Annette C. Talmage, In Default as of; Rivercliff Farm, Inc., an Oregon corporation - In Default as of; New Century Properties Ltd., In Default as of, Defendants, and United States of America, Defendant-Appellee.
William B. Ingram and Alan R. Houston, Strong & Hanni,
Salt Lake City, Utah, for Plaintiffs-Appellants.
Randolph L. Hutter and Thomas J. Clark, Attorneys; Richard E.
Zuckerman, Principal Deputy Assistant Attorney General; Tax
Division, United States Department of Justice, Washington,
D.C.; for Defendant-Appellee.
Before: William A. Fletcher, Jay S. Bybee, and Paul J.
Watford, Circuit Judges.
CERTIFYING QUESTION TO THE SUPREME COURT OF OREGON
Trust / Oregon State Law The panel certified to the Oregon
Supreme Court the following question:
Under Oregon law, does a constructive trust arise at the
moment of purchase of a property using fraudulently-obtained
funds, or does it arise when a court orders that a
constructive trust be imposed as a remedy?
William A. Fletcher, Circuit Judge, Presiding.
to Oregon Revised Statute § 28.200, we respectfully
certify the following question to the Oregon Supreme Court:
Oregon law, does a constructive trust arise at the moment of
purchase of a property using fraudulently-obtained funds, or
does it arise when a court orders that a constructive trust
be imposed as a remedy?
respectfully ask the Oregon Supreme Court to exercise its
discretionary authority under Oregon's Uniform
Certification of Questions of Law Act to accept and decide
this question. See Or. Rev. Stat. §§
28.200-.255. The certified question of law would be
determinative of a cause now pending in this court and it
appears to this court that there is no controlling precedent
in the decisions of the Oregon Supreme Court or the Oregon
Court of Appeals. Id. § 28.200.
Factual and ...