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Full-Text Articles in Law
Mediating Disputes Arising Out Of Troubled Companies - Do It Sooner Rather Than Later, The Hon. Randall J. Newsome
Mediating Disputes Arising Out Of Troubled Companies - Do It Sooner Rather Than Later, The Hon. Randall J. Newsome
Golden Gate University Law Review
Over the last several years, there has been much academic debate on the subject of “vanishing trials”—whether the settlement rate in bankruptcy and other courts is accelerating, and whether that is a healthy trend for our justice system. A more interesting question is why disputes in chapter 11 cases are not resolved sooner. Why does it take so much time and so much money for parties to settle their differences and arrive at a consensual chapter 11 plan?
Cite as 42 Golden Gate U. L. Rev. 661 (2012).
Obtaining The Release Of Grand Jury Evidence In Ponzi Cases, The Hon. Steven Rhodes
Obtaining The Release Of Grand Jury Evidence In Ponzi Cases, The Hon. Steven Rhodes
Golden Gate University Law Review
Evidence that law enforcement authorities obtain through the grand jury process is generally secret. Nevertheless, case law can provide a powerful basis for a trustee, a receiver or any party in a Ponzi case to obtain evidence that the government has in its possession as a result of its investigation of a Ponzi scheme. This Article considers the extent to which parties in a Ponzi scheme insolvency proceeding might be able to obtain evidence presented in a criminal grand jury proceeding relating to the Ponzi scheme.
Cite as 42 Golden Gate U. L. Rev.657 (2012).
Overcoming Administrative, Procedural And Evidentiary Hurdles In Ponzi Scheme Litigation, Sharon Z. Weiss, Natalie B. Daghbandan
Overcoming Administrative, Procedural And Evidentiary Hurdles In Ponzi Scheme Litigation, Sharon Z. Weiss, Natalie B. Daghbandan
Golden Gate University Law Review
The unfortunate reality that comes with a Ponzi scheme case in bankruptcy is a mass of deceived unsecured creditors clamoring for their money back, and few, if any, present assets within the bankruptcy estate with which to pay them. The sheer size of most Ponzi schemes cases necessarily presents unique evidentiary, procedural and administrative challenges to professionals seeking to sort out the failed Ponzi enterprise. Ponzi scheme cases are riddled with litigation, which generally falls into four categories: (1) litigation against the Ponzi scheme operator(s), (2) litigation against parties who enabled the scheme to continue (such as professionals), (3) litigation …
Black Swans, Ostriches, And Ponzi Schemes, Nancy B. Rapoport
Black Swans, Ostriches, And Ponzi Schemes, Nancy B. Rapoport
Golden Gate University Law Review
Cite as 42 Golden Gate U. L. Rev. 627 (2012).
The Collapse Of Financial Fraud: Measuring Bankruptcy Avoidance Action, Jessica D. Gabel, Isaac Asher, Mary Beth Byington
The Collapse Of Financial Fraud: Measuring Bankruptcy Avoidance Action, Jessica D. Gabel, Isaac Asher, Mary Beth Byington
Golden Gate University Law Review
Ponzi schemes lay their foundation on fraud. Once the con is exposed, the culprits are usually stripped of their pilfered millions and sent off to jail. Unfortunately for the victims, the process of recovering any portion of the money they lost in the scam is, to put it mildly, complicated. The challenge rests, in part, in differences between federal forfeiture statutes and Bankruptcy Code principles in determining what assets can be recovered and who is entitled to a portion of the Ponzi pie. What is a Ponzi scheme (as defined by the courts rather than the media)? The Second Circuit …
Handling Claims In Ponzi Scheme Bankruptcy And Receivership Cases, Kathy Bazoian Phelps
Handling Claims In Ponzi Scheme Bankruptcy And Receivership Cases, Kathy Bazoian Phelps
Golden Gate University Law Review
The end game for defrauded investors and other creditors in a Ponzi scheme case is the recovery of the maximum amount on their claims. Depending on whether the Ponzi perpetrator has landed in a bankruptcy case or a receivership proceeding, the rules governing the allowance and distribution priorities for claims filed in Ponzi scheme cases may vary. This Article discusses the treatment of the defrauded investor’s claim in both bankruptcy and receivership cases. This Article also contrasts relatively rigid provisions in the Bankruptcy Code for the allowance, priority and distribution of claims in Ponzi scheme cases with the more flexible …
Friction In Reconciling Criminal Forfeiture And Bankruptcy: The Criminal Forfeiture Part, Sarah N. Welling, Jane Lyle Hord
Friction In Reconciling Criminal Forfeiture And Bankruptcy: The Criminal Forfeiture Part, Sarah N. Welling, Jane Lyle Hord
Golden Gate University Law Review
The federal government uses two general types of asset forfeiture, criminal and civil. This Article addresses criminal forfeiture, which allows the government to take property from defendants when they are convicted of crimes. It is “an aspect of punishment imposed following conviction of a substantive criminal offense.” The goal of this Article is to give an overview of the forfeiture process, specifically in relation to claims victims and creditors might assert as third-party claimants.
Cite as 42 Golden Gate U. L. Rev. 551 (2012).
Keynote Address: Stories In The Development Of Bankruptcy Law, Gerald F. Munitz
Keynote Address: Stories In The Development Of Bankruptcy Law, Gerald F. Munitz
Golden Gate University Law Review
Cite as: 42 Golden Gate U. L. Rev. 539 (2012).
Debt And Crime: Inevitable Bedfellows, Karen Gebbia
Debt And Crime: Inevitable Bedfellows, Karen Gebbia
Golden Gate University Law Review
Criminal law and bankruptcy law approach fraud with a variety of objectives, only some of which overlap. Each contains elements of both restorative and distributive justice—the notion that the fraudster should be held accountable, the injured should be compensated, and distribution should be fair. Yet, criminal law and bankruptcy law inculcate these goals with profoundly different understandings, histories, contexts and practices. Consequently, the long arm of the law and the strong arm of the trustee have uniquely honed tools, unavailable to the other, for achieving their purposes. Inevitably, then, tension arises when criminal law and bankruptcy law simultaneously attempt to …
Enforcing Integrity, Katrice Bridges Copeland
Enforcing Integrity, Katrice Bridges Copeland
Journal Articles
Over the past several years, the marketing practices of large pharmaceutical companies have come under intense scrutiny. The government spends years investigating and building cases against pharmaceutical manufacturers that engage in illegal promotional activities to promote their drugs but does not prosecute them. Instead, the government enters into Corporate Integrity Agreements (CIAs) with the pharmaceutical giants. As a result, the pharmaceutical manufacturers are able to avoid the collateral consequences of conviction, such as exclusion from Medicare and Medicaid. Participation in Medicare and Medicaid is crucial for a pharmaceutical manufacturer because the government spends over $60 Billion per year through those …
In-House Counsel Beware!, Katrice Bridges Copeland
In-House Counsel Beware!, Katrice Bridges Copeland
Journal Articles
This Article argues that the prosecution of Lauren Stevens for covering up the alleged crimes of GSK was misguided both as a matter of law and a matter of policy. In particular, this Article contends that the government should not prosecute attorneys for obstruction of justice or other cover-up crimes for actions taken in good faith during a government investigation into a client's conduct. Part I provides background on the Lauren Stevens case and the convergence of the four prosecution trends that led the government to indict her. Part II argues that Lauren Stevens did not obstruct the government's investigation …