2023 Supreme(US)(ca8) 231
COURT OF APPEALS FOR THE EIGHTH CIRCUIT
United States – Appellant
Versus
Ritchie Capital Management L.L.C. – Respondent
No. 21-2973 ___________________________
United States of America
Plaintiff - Appellee
v.
Douglas A. Kelley
Receiver - Appellee
Thomas Joseph Petters
Defendant
Ritchie Capital Management, L.L.C.; Ritchie Special Credit Investments, Ltd.; Rhone Holdings II, Ltd.; Yorkville Investment I, L.L.C.; Ritchie Capital Management SEZC, Ltd., formerly known as Ritchie Capital Management, Ltd.
Intervenors - Appellants ____________
Appeal from United States District Court for the District of Minnesota ____________
Submitted: May 11, 2023 Filed: June 9, 2023 ____________ Before SMITH, Chief Judge, COLLOTON and BENTON, Circuit Judges. ____________ BENTON, Circuit Judge.
Ritchie Capital Management, LLC fell victim to a massive Ponzi scheme. Ritchie Special Credit Invs., Ltd. v. JPMorgan Chase & Co., 48 F.4th 896, 897 (8th Cir. 2022). Ritchie seeks recovery outside the receivership. But settlement agreements and bar orders prevent recovery. The district court1 approved the receivership’s final accounting and a previous bar order. Claiming abuses of discretion, Ritchie appeals. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.
I.
Thomas Petters perpetuated a billion-dollar Ponzi scheme to defraud
investors. See United States v. Petters,
The district court appointed Douglas A. Kelley as receiver of the receivership for Petters and his affiliates. In bankruptcy, the receivership negotiated settlements to facilitate recovery for victim-creditors like Ritchie. One settlement was with JPMorgan. “Accompanying the settlement were ‘bar orders,’ which prohibited creditors from asserting related claims in other cases.” Ritchie Special Credit, 48
1
The Honorable Ann D. Montgomery, United States District Judge for the
District of Minnesota.
2
See, e.g., Ritchie Capital Mgmt., LLC v. JP Morgan Chase & Co., 960 F.3d
1037 (8th Cir. 2020); Ritchie Capital Mgmt., LLC v. BMO Harris Bank, N.A.,
In this appeal, Ritchie alleges the district court abused its discretion by
approving the final accounting of the receivership and the bar order from the
JPMorgan settlement—both approved by the bankruptcy and district courts. See In
re Petters Co., No. 08-45257, slip op. at 6 (Bankr. D. Minn. May 3, 2018); United
States v. Petters, No. 08-5348, slip op. at 4-5 (D. Minn. May 21, 2018). This court
reviews the district court’s oversight of a receiver and its approval of stipulations for
clear abuse of discretion. See SEC v. Quan,