Banks See Spikes in Suspicious Activity After Disasters
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Commercial Fraud
Extraterritorial Limits of Clawback Actions
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The Investigation of Financial Statements for Fraud
Journal Issue:
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In a Circuit Split, Ninth Circuit Tags Innocent Sellers with Fraudulent Transfer Liability
Split decision refuses to invoke ‘equity’ to override a policy choice made by Congress.
Court:
Criminal Restitutions Are Not Recoverable as Preferences, Judge Agresti Says
Restitution payment does not qualify for the new value preference defense.
Chicago Judge Writes a Primer on Recharacterization and Equitable Subordination
Insiders were protected in making loans to a failing company.
Co-Conspirator’s Intent Is Enough for Nondischargeability, Fifth Circuit Holds
A ‘no harm, no foul’ stay violation is harmless error.
Court:
Collecting Criminal Restitution Does Not Violate the Automatic Stay
Three circuits permit collection of criminal restitution despite the automatic stay.
Court:
Bankruptcy Settlement Provided No Protection from Criminal Forfeiture
Criminal forfeiture and bankruptcy protect different interests, district judge says.
Court:
Bankruptcy Judge Rejects Equitable Defenses to Fraudulent Transfer Claim
Madoff trustee racks up two victories in one day.