United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED August 26, 2024 No. 22-10235 ____________ Lyle W. Cayce Clerk Ralph S. Janvey, in his Capacity as Court-Appointed Receiver for The Stanford International Bank Limited, et al.,

Plaintiff—Appellee,

versus GMAG, L.L.C.; Magness Securities, L.L.C.; Gary D. Magness; Mango Five Family Incorporated, in its Capacity as Trustee for The Gary D. Magness Irrevocable Trust,

Defendants—Appellants,

consolidated with _____________

No. 22-10429 _____________ Securities and Exchange Commission, et al.,

Plaintiffs,

versus GMAG, L.L.C.; Gary D. Magness Irrevocable Trust; Gary D. Magness; Magness Securities, L.L.C.,

Defendants—Appellants, Case: 22-10235 Document: 162-1 Page: 2 Date Filed: 08/26/2024

versus Ralph S. Janvey,

Appellee. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC Nos. 3:15-CV-401, 3:09-CV-298 ______________________________

ON SECOND PETITION FOR REHEARING EN BANC Before Stewart, Dennis, and Southwick, Circuit Judges. Leslie H. Southwick, Circuit Judge: On March 20, 2024, the court denied rehearing en banc but withdrew the initial opinion and substituted a new one. Janvey v. GMAG, L.L.C., 98 F.4th 127 (5th Cir. 2024). The mandate issued upon denial of rehearing. On April 3, 2024, Defendants (who in our previous opinions and again here are referred to as “Magness”) filed another petition for rehearing en banc or by the panel. We RECALL the mandate in order to rule on the petition. No judge in regular active service requested the court be polled on rehearing en banc; the second petition for rehearing en banc is therefore DENIED. Rehearing by the panel is also DENIED. I. The most recent petition for rehearing argues it was error for us to affirm the district court’s finding that Magness had “unclean hands” and that a setoff would not be permitted. The error is said to be that the finding of unclean hands must be made by a jury, and that has not occurred. The issue of the role of jurors is one of Texas law. Before examining that law, we review relevant procedural events in this long-running case. The

2 Case: 22-10235 Document: 162-1 Page: 3 Date Filed: 08/26/2024

No. 22-10235 c/w No. 22-10429 determination of unclean hands was made by the district court based on a jury finding in 2017, affirmed by this court in 2020, that when Magness received the relevant transfer, he was on inquiry notice that the Stanford International Bank (“SIB”) was a Ponzi scheme. Janvey v. GMAG, L.L.C., 977 F.3d 422, 426 (5th Cir. 2020). The Supreme Court of Texas had earlier answered a certified question from this court about how being on inquiry notice but not investigating suspicions affected a party’s “good faith” under the Texas Uniform Fraudulent