Ponzi Scheme Clawback Litigation in Bankruptcy
Strategies for Bringing or Defending Trustee Clawback Claims
Recording of a 90-minute CLE webinar with Q&A
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.
Outline
- 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
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?
Faculty
Mark T. Ciani
Partner
Katten Muchin Rosenman
Mr. Ciani works on a variety of litigation matters for banks, investors, hedge funds, public and private companies,... | Read More
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
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.
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