Redfrog

If you extend this and think of a house: I own my house. Your dad fraudulently obtains title and then gives or sells it to you. I can demand my house back, because it’s mine. You may be innocent but that doesn’t mean you keep my house because you were innocent in the fraud and thought you got it honestly. You can’t give away something you don’t legally possess. I think it’s hard because money seems intangible, but Tom didn’t “own” any of the money to give or lend. It legally belonged to the clients for whom he gained a settlement. He was a custodian only. He can pay himself his fees and relinquish the money to his client—there are super stringent laws about lawyers funds, commingling, etc. so So whether Erika got it honestly or not she still has to pay it back—Tom never had ownership and couldn’t give or lend it to anyone legally.