Commercial Fraud Committee


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

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).

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

[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.

Post date: Friday, June 24, 2016

On Sept. 22, 2011, Charlene Milbury filed for chapter 7 bankruptcy protection in the Central District of California,[1] starting the clock on a two-year period for the commencement of avoidance actions by the trustee. The debtor was the sole owner of a materials-hauling business known as Charlene’s Transportation Inc.

Post date: Friday, April 22, 2016
Photo of Stephen C. Stapleton
Stephen C. Stapleton

You operate a law firm in Texas. You are hired by a Utah business trust to represent a friend of the trust’s founder, who is facing criminal charges in New Hampshire. You represent the friend, and for your legal services you are paid $90,000 by the trust.

Post date: Friday, April 22, 2016

On Nov. 6, 2015, the U.S. Supreme Court granted certiorari in Husky International Electronics Inc. v. Daniel Lee Ritz, Jr. and heard oral arguments in the case on March 1, 2016. The issue pending before the Supreme Court concerns whether “actual fraud” under 11 U.S.C.

Post date: Friday, April 22, 2016

[1]In a decision that deserves the close attention of secured lenders, the U.S. Court of Appeals for the Seventh Circuit held that a bank’s awareness of suspicious facts about the collateral pledged to secure its loan required bank officials to perform a diligent investigation of possible fraud or other wrongdoing by its borrower.

Post date: Thursday, April 21, 2016
Photo of Daniel Seligman, CFE
Daniel Seligman, CFE

The legal saga of the Wyly brothers continues.

Born in rural Louisiana during the Great Depression, Samuel Wyly and his older brother Charles, Jr., built a fortune from a computer company and later from steakhouses and Michael’s, an arts-and-crafts retail chain. In 2010, however, the U.S. Securities and Exchange Commission (SEC) brought a civil enforcement action against the Wylys, alleging that they participated in an elaborate international securities fraud scheme.


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

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

Mr. Ben A. Barnes
Communications Manager
Kirkland & Ellis LLP
Dallas, TX
(214) 972-1748

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

Mr. Greg S. Schwegmann
Membership Relations Director
Reid Collins & Tsai LLP
Austin, TX
(512) 647-6100

Mr. John T. Farnum, Esq.
Newsletter Editor
Miles & Stockbridge PC
Washington, MD
(202) 737-9600

Mr. Nathaniel J. Palmer
Special Projects Leader
Reid Collins & Tsai LLP
Austin, TX
(512) 647-6107

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