United States v. Andrews

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PUBLISH

Before BRISCOE, SEYMOUR, and HARTZ, Circuit Judges.

Bobbie Stacy Andrews pleaded guilty to federal charges of wire fraud and money laundering in the United States District Court for the Western District of Oklahoma. She had defrauded her victims of millions of dollars by diverting funds thatthey believed were being invested in mortgages. By the time the government seized her bank accounts, she had spent all but a fraction of that money. As a condition of her guilty plea, she forfeited the remaining money-a mere $61,427.14-to the government, which agreed to ask the court to divide the proceeds among her victims. Richard Lathrop, Camela Lathrop, and Joe Laumer (collectively, the Lathrops), who were the last of her victims, opposed this arrangement. They contended that they were entitled to all the seized funds because the money in the bank accounts could be traced back to them. They asked the court to impose a constructive trust that would grant them priority to the money over Andrews’s other victims. The court denied the request as unfair to the other victims.

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