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
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.
- Overview of preference and fraudulent transfer actions
- Trends and recent legal developments in clawback suits
- Theories of liability
- Defenses for investors and other transferees
- Litigation strategies
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?
Jesse S. Finlayson
Finlayson Toffer Roosevelt & Lilly
Mr. Finlayson has extensive experience in bankruptcy-related matters, receiverships, secured transactions under... | Read More
Mr. Finlayson has extensive experience in bankruptcy-related matters, receiverships, secured transactions under the UCC, and assignments for the benefit of creditors. He represents both secured and unsecured creditors, real property lessors, and debtors in possession in virtually all types of bankruptcy matters. He also represents bankruptcy trustees in the Central and Southern Districts of California.Close
Anthony L. Paccione
Katten Muchin Rosenman
Mr. Paccione concentrates his practice in complex commercial litigation with an emphasis on securities, banking and... | Read More
Mr. Paccione concentrates his practice in complex commercial litigation with an emphasis on securities, banking and financial services related matters. He has considerable experience handling complex commercial litigation matters including numerous cases involving disputes arising from Ponzi scheme cases ranging from Madoff to Petters. He represents a broad spectrum of clients including international banks, hedge funds, Fortune 500 companies and securities firms.Close
Corey R. Weber
Brutzkus Gubner Rozansky Seror Weber
Mr. Weber represents bankruptcy trustees, creditors, committees of unsecured creditors, assignees for the benefit of... | Read More
Mr. Weber represents bankruptcy trustees, creditors, committees of unsecured creditors, assignees for the benefit of creditors, receivers, municipalities and "clawback" plaintiffs and defendants in contested matters and adversary proceedings in bankruptcy proceedings, and in state and federal court actions. He frequently litigates fraudulent transfer and preference actions, including fraudulent transfer actions in Ponzi scheme cases.Close