United States v. Harvey Rubenstein, Bernard C. Sherman, Claimant-Appellant v. City National Bank, Cross-Claimant-Appellee
Opinion
Opinion
Tang, J.
Dr. Bernard C. Sherman appeals from an order of the district court denying his motion for release of bail funds and granting City National Bank’s motion to compel the Oregon district court clerk to comply with the bank’s writ of garnishment. The district court concluded that ownership of the bail funds, which were advanced by Sherman to secure the release of criminal defendant Harvey Rubenstein, had passed from Sherman to Rubenstein. Accordingly, the district court held that Rubenstein’s judgment creditor, City National Bank, was entitled to garnish bail funds remaining after Rubenstein paid restitution. Sherman challenges the district court’s ruling that he conveyed ownership of the bail funds to Rubenstein. We vacate the judgment of the district court and remand.
BACKGROUND
In 1985, Rubenstein was indicted for wire fraud in the District of Oregon. He was also indicted on similar charges in California. Following his arrest in August 1988, the district court in Oregon set bail at $25,000 on the California charges and $75,-000 on the Oregon charges.
On September 13, 1988, the Oregon district court received a $75,000 cashier’s check from Rubenstein’s attorney, David Audet. The…