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Commercial Fraud Committee


Kathy Bazoian Phelps
Post date: Thursday, December 15, 2016

The Commercial Fraud Committee had a productive year, producing three webinars, six newsletters, several case law eblasts, and the continuation of the committee-wide conference call program with four calls this year.

Post date: Tuesday, November 22, 2016

It’s widely known that avoidance actions to claw back fraudulent transfers can be filed after the typical four-year limitations period has expired under most states’ versions of the Uniform Fraudulent Transfers Act (or the new Uniform Voidable Transactions Act) by invoking the “discovery rule” in those statutes.

Post date: Tuesday, November 22, 2016

A string of recent email and media account scams[1] remind us that fraudsters are constantly looking for gullible victims, whether lawyers or clients, to scam in seemingly legitimate schemes. Folks in financial distress are excellent targets. Here are several examples to watch for and to caution clients against.

Post date: Tuesday, November 22, 2016

In a recent decision, the U.S. Bankruptcy Court for the Eastern District of Michigan held that a chapter 11 debtor may pay an unsecured claim in full prior to confirmation in order to moot the creditor’s objection to the debtor’s plan of reorganization and allow confirmation of the plan.

Post date: Wednesday, September 14, 2016

In the case of Irving H. Picard, Trustee v. Frank J. Avellino, et al. (In re Bernard L.

David P. Leibowitz
Post date: Wednesday, September 14, 2016

Since 2009, I have served as a bankruptcy trustee for the estate of Kevin Carney, a Ponzi fraudster. Carney stole over $10 million from close to 200 people, most of whom were people of modest means.

Richard A. Collura
Post date: Wednesday, September 14, 2016

Have you ever had the unfortunate experience of losing a smartphone? Has your car ever been taken for a joy-ride? Has your home been burglarized? Fortunately, in the digital age we have the benefit of sophisticated technology and software applications that can be used to track down the whereabouts of our prized possessions.

Post date: Friday, July 15, 2016

Most of the recent commentary around the Supreme Court’s Husky International Electronics Inc. v.

Post date: Friday, July 15, 2016

In Picard v. Legacy Capital Ltd.,[1] the U.S. Bankruptcy Court for the Southern District of New York recently set forth the burden of pleading fraudulent transfers in bankruptcy cases decided under the Securities Investor Protection Act (SIPA).

Stephen C. Stapleton
Post date: Friday, June 24, 2016

[1]The in pari delicto defense is a state law-based equitable defense designed to prevent a plaintiff from pursuing damages resulting from wrongful conduct in which the plaintiff itself is complicit.


Ms. Melissa Davis, CPA, CIRA, CFE
KapilaMukamal, LLP
Fort Lauderdale, FL
(954) 761-1011

Ms. Virginia Tate, CFE/CIRA/EA
FAI International, Forensic Accounting & Investigations
Coeur D Alene, ID
(208) 765-5432

Mr. Ben A. Barnes
Communications Manager
Reid Collins & Tsai LLP
Dallas, Tx
(214) 420-8913

Mr. Walter F. McArdle, Esq.
Education Director
Spain & Gillon, LLC
Birmingham, AL
(205) 581-6295

Mr. Michael D. Napoli
Newsletter Editor
Akerman LLP
Dallas, TX
(214) 720-4300

Mr. Adam D. Crane
Special Projects Leader
HSM Chambers
George Town, Grand Cayman,
(345) 815-7364

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