Fraud

Join ABI Editor-at-Large Bill Rochelle for this fun and informative session as he and six judges address recent Second Circuit cases, and predict how the circuit will rule on tough questions on the way up. An attendee favorite!

Hosted by Bankruptcy Litigation & Real Estate Committees

Fraud is an ever-present concern in bankruptcy cases, manifesting in various forms from False Claims Act violations to Ponzi schemes. This panel will provide practical tips and strategies for identifying, addressing and litigating fraud in the bankruptcy context.

Beyond a general overview of the fraudulent transfer elements under state law and the Bankruptcy Code, this panel will dissect recent fraud-related litigation topics and share personal experiences in representing and adjudicating such matters. Understanding who may be the subject of a fraudulent claim in bankruptcy, when a fraudulent transfer claim may arise, the ever-developing defenses to fraud, and the consequences for not complying with fraud-related discovery are just some of the issues that will be addressed in this panel.

This session will focus on various aspects of bringing and litigating multi-count causes of action springing from fraud, and how to uncover hidden assets in the context of fraud-based avoidance actions.

In this session, an FBI agent, a U.S. attorney, an Assistant U.S. Trustee and a bankruptcy trustee will discuss the who, what, when and why of bankruptcy crimes, including the relationship between a criminal prosecution and a contemporaneous bankruptcy case or cases involving the criminal defendants, either as principals of the debtor or the debtors themselves.