Saturday, November 3, 2012
PETTERS CLAWBACK BY RECEIVER DENIED BY JUDGE
Strib - Tom Petters, Minnesota businessman, is in prison for 50 years
for his $3.65 billion Ponzie scheme loss to investors (pages 101-105 in The
Greedsters). Douglas Kelley was appointed by the court to be a receiver
and clawback donations made by Petters to various parties. The College of St.
Benedict in Avon, Minnesota received a pledge of $3 million from Petters,
$2 million of which had been paid to the College who spent the money to
renovate and expand the Benedict Arts Center in St. Cloud, Minnesota and $1
million had never been paid. Receiver Kelley sued the College to clawback the
$2 million. U. S. District Judge Richard Kyle ruled Kelley had no authority to
sue the College as the lawsuit filed under the Minnesota Fraudulent Transfer
Act and the Federal Debt Collection Procedures Act was governed by a new 2-year
limitations statute and therefore the Feds could not sue the College with new
State limitations of 2 years (in this case) instead of the original 6 years.
Lucky St. Benedict College!!
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