Session Description
The presentation has two parts. In Part One, the panelists will use hypotheticals drawn from actual cases, first to discuss common themes and issues that arise in Ponzi Scheme cases, then to illustrate what differentiates Ponzi Scheme cases from other kinds of fraud-based bankruptcies. This includes: the unique role of investors as both victims and tools of the fraud; how, when, and why arguably legitimate businesses might be recognized as Ponzi Schemes; the judge's role as facilitator; and common litigation tools and tactics utilized to ensure equal treatment of creditors. Part Two focuses on the doctrinal challenges and possible misfits involved in utilizing fraudulent transfer law to resolve such cases.
Learning Outcomes
Participants will learn the basics of Ponzi Scheme cases, including: how they typically arrive in bankruptcy court; common issues that arise; common litigation tools and strategies; and methods for managing distributions to creditors. From there, participants will be asked to think critically about all of the above, and to focus on whether the means by which attorneys and judges have resolved these cases really have a firm foundation in the law.
Suggested Speakers
Hannah
Blumenstiel
hannah_blumenstiel@canb.uscourts.gov
William
Lafferty
William_lafferty@canb.uscourts.gov
Scott
Grossman
smgrossman@flsb.uscourts.gov
Ken
Ayotte
kayotte@law.berkeley.edu
Email
hannah_blumenstiel@canb.uscourts.gov
