Ponzi Scheme Clawback Litigation in Bankruptcy: Bringing or Defending Claims

Inquiry Notice, Legitimate Profits, Statute of Limitations and More

Recording of a 90-minute CLE webinar with Q&A


Conducted on Tuesday, November 7, 2017

Recorded event now available

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Program Materials

This CLE webinar will provide practitioners who represent bankruptcy trustees and investors with an overview of recent trends in clawback suits involving Ponzi schemes, theories of liability and effective defenses, and strategies for bringing and defending these claims.

Description

Given the scores of Ponzi schemes uncovered in recent years, bankruptcy trustee clawback suits against investors who redeemed their interests in a fraudulent fund, as well as suits against other transferees, continue to proliferate.

In these fraudulent transfer cases, key questions are: (1) were the transfers received in good faith and (2) what is the investor’s duty to investigate a fund after certain red flags arise? Other issues frequently litigated involve the statute of limitations, burden of proof, the amount subject to avoidance and recovery, and what constitutes fictitious profits.

Listen as our authoritative panel of bankruptcy practitioners analyzes recent trends in clawback suits and discusses tactics for bankruptcy trustees, investors and other transferees in fraudulent transfer claims involving Ponzi schemes.

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Outline

  1. Overview of preference and fraudulent transfer actions
  2. Trends and recent legal developments in clawback suits
  3. Theories of liability
  4. Defenses for investors and other transferees
  5. Litigation strategies

Benefits

The panel will review these and other key issues:

  • What amounts received by investors or others from a Ponzi scheme can be protected?
  • What are the applicable statute of limitation defenses?
  • What red flags can constitute inquiry notice to investors and other transferees?
  • Does the inquiry notice standard take into account the nature of the investor—whether the investor is an individual or an institutional investor?

Faculty

Finlayson, Jesse
Jesse S. Finlayson

Partner
Finlayson Toffer Roosevelt & Lilly

Mr. Finlayson has extensive experience in bankruptcy-related matters, receiverships, secured transactions under...  |  Read More

Paccione, Anthony
Anthony L. Paccione

Partner
Katten Muchin Rosenman LLP

Mr. Paccione concentrates his practice in complex commercial litigation with an emphasis on securities, banking and...  |  Read More

Weber, Corey
Corey R. Weber

Partner
Brutzkus Gubner Rozansky Seror Weber

Mr. Weber represents bankruptcy trustees, creditors, committees of unsecured creditors, assignees for the benefit of...  |  Read More

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