Description
Ponzi schemes are at their highest level in over a decade, with over 60 alleged schemes discovered by the SEC in 2019 alone. Given the scores of Ponzis 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 increase.
In these fraudulent transfer cases, fundamental 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.
Presented By
Mr. Ciani works on a variety of litigation matters for banks, investors, hedge funds, public and private companies, hospital operators and high-net-worth families. He advises them on a host of different matters from shareholder class action and derivative suits to white-collar cases, real estate disputes and general commercial litigation.
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.
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
-
Date + Time
- event
Wednesday, August 26, 2020
- schedule
1:00 p.m. ET./10:00 a.m. PT
- 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 are the Ponzi scheme presumptions?
- 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?
Related Courses
Breaking Asset Protection Plans In and Outside Bankruptcy: Techniques for Voiding Trusts and Other Transfers
Thursday, October 23, 2025
1:00 p.m. ET./10:00 a.m. PT
Intersection of Bankruptcy and State Foreclosure Laws
Available On-Demand