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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Bankruptcy

Date & Time
  • event Date

    Wednesday, August 26, 2020

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will provide practitioners who represent either bankruptcy trustees or defrauded 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.

Faculty

Mark T. Ciani
Partner
Katten Muchin Rosenman LLP

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.

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Corey R. Weber
Partner
Brutzkus Gubner, LLP

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.

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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.

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 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?