Complex Business Fraud Litigation
Our Complex Business Fraud Litigation Group takes an aggressive, prosecutorial and strategic approach to a broad range of business and professional misconduct matters, focusing on investment fraud and Ponzi-type schemes. Whether representing a fiduciary or private party, our focus is achieving the highest recovery possible for the victims of the fraud. We also work closely with regulatory and criminal authorities to explore all avenues of recovery.
Each engagement begins with sound, practical counseling.
As with all litigation we undertake, we begin by learning the issues and listening to our clients’ concerns. This includes preliminary risk and cost assessment, and consideration of the political environment, such as the influence and effect of the various constituencies in chapter 11 cases.
We leave no stone unturned.
When approaching and undertaking these matters for our clients, our philosophy is to leave no potential complicity unexplored. We have a proven knack for locating and pursuing all potential sources of recovery for victims – for example, banks, insurance companies, professionals, or other parties who may have in some way facilitated or profited from the fraud.
We are proactive, creative, practical, and tenacious.
We have extensive experience in both state and federal courts, which enables us to focus on the end game and avoid situations that could later become obstacles or distractions in court. We plan every case as if it will go to trial, but look for ways to achieve a settlement that benefits the client and avoid unnecessary litigation fees and expenses. The key here is early identification of the key elements of the case and the targets’ greatest vulnerability and using this lever to drive early but advantageous settlements. We fight hard when necessary, but our approach is always guided by the highest ethical considerations and our respect for the legal process.
Almost all work in this area also involves a strong investigatory component. We conduct investigations through document review, witness interviews, and the careful and strategic discovery. We also work with accounting firms and investigators, but supervise them closely to minimize cost.
As our clients will attest, we staff matters leanly and efficiently, which enables us to provide top-notch litigation services at reasonable cost.
Representative cases:
- On behalf of Chapter 11 Trustee, asserted multiple claims against individuals, professional firms, insurance companies, and financial institutions, and to date have recovered in excess of $100 million for victims of a Ponzi scheme.
- Represented SEC Receiver of bank in suits against banks and brokerage firms arising out of a restricted stock scheme, resulting in the recovery of more than $20 million for victims.
- On behalf of bankruptcy trustee, obtained a 100% recovery for creditors of a bankrupt, no-asset, auto dealership group, through assertion of claims based on vigorous forensic review of bank records and examinations of former principals and other parties.
- Representing investor group in litigation involving fraudulent conveyance of artworks.
- Representing Trustee of post-confirmation Liquidation Trust in investigation and pursuit of fraud and other claims owned by the Trust.
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