Richard Schultz v. Thomas Burke

I. Introduction

Proposed Intervenor Thomas Bourke (“Bourke”) seeks review of the denial of his motion to intervene as of right pur- suant to Fed. R. Civ. P. 24(a)(2). We affirm the judgment of the district court because denial of Bourke’s motion was proper under the Mandatory Victims Restitution Act (“MVRA”), 18 U.S.C. § 3663A, which gives rise to Bourke’s interest in this action. Because the remedy provided in the MVRA is exclusive, Bourke may not use the provisions of Rule 24 to intervene in pursuit of his interest in restitution.

II. Facts and Procedural Background

The action in the Northern District of California in which Bourke seeks to intervene (the “California litigation”) began more than twenty years ago. Richard Schultz was an investor in a private placement of stock in a thoroughbred horse breed- ing farm. When the market in thoroughbreds declined and Schultz’s stock became almost worthless, Schultz sued sev- eral defendants in an effort to recoup his losses. One of those defendants, Frank Bryant, was represented by Bourke. Bourke and other defendants sought to recover their attorneys’ fees from Schultz.

In 1994, the California district court entered judgment in…