Cross-Border Recovery in Fraudulent Schemes

Cross-Border Recovery in Fraudulent Schemes

Hosted by the Commercial Fraud and International Committees

Ponzi and other fraudulent schemes continue to proliferate. Many of these schemes, event if primarily targeted at Americans, operate using offshore entities in the Caribbean. As a result, resolving such schemes typically involves domestic receiverships or bankruptcy coupled with offshore liquidation proceedings. The victims’ recoveries may vary widely depending on whether the distribution of the scheme’s remaining assets is determined by U.S. bankruptcy law, U.S. common law or foreign law. This panel explores the various ways in which U.S. and foreign laws implicate victims’ recoveries, as well as potential changes to those laws.

2024 Annual Spring Meeting
2024
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