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Bradley T. Borden

2009

Qualified intermediary defalcation

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Section 1031 Qualified Intermediaries And The New Economy, Brad Borden Jan 2009

Section 1031 Qualified Intermediaries And The New Economy, Brad Borden

Bradley T. Borden

Industry estimates indicate that, over the past several years, section 1031 qualified intermediaries have lost as much as $700 million of exchange proceeds. Exchangers and their representatives must take steps to help prevent future losses. This article reviews three recent failures and discusses measures that should help reduce the risk of qualified intermediary failure in the new exchange environment. Lawmakers should also consider measures they can take to help prevent such losses in the future.