By Nathan Hale (October 19, 2021, 9:03 PM EDT) — The Eleventh Circuit on Tuesday affirmed a Florida federal court’s decisions that cleared an investor in a $64 million Ponzi scheme from Regions Bank’s claim that he knowingly kited checks to cover up the fraud but also left him on the hook for $6 million in overdraft fees.

Despite a multitude of challenges from the various parties, the appeals court’s 47-page opinion left fully intact rulings made by Tampa-based U.S. District Judge Elizabeth A. Kovachevich leading up to and following a bench trial in 2017.

They include her conclusion that investor Marvin Kaplan had no idea he was taking part in…

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