Calendar Details - Ponzi Targets: Investors, Banks, Lawyers, Claims and Defenses

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March - April 2012March - April 2012

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Calendar

Event 

Ponzi Targets: Investors, Banks, Lawyers, Claims and Defenses
Title:
Ponzi Targets: Investors, Banks, Lawyers, Claims and Defenses
When:
07/10/12 10:00 AM - 11:30 AM
Where:
Teleconference
Category:
Seminars

Description

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Ponzi Targets: Investors, Banks, Lawyers, Claims and Defenses

July 10, 2012

Time: 1:00 pm ET (12:00 pm CT, 11:00 am MT, 10:00 am PT)
Length: 1 hour 30 minutes
ID: 389885

    Special Offer
Live Audio Conference: $199.00 $169.15 Register Now

Live Audio Conference + CD: $268.00
$227.80
Best Value!
Register Now
 
Can't Attend the Live Audio Conference?
CD/Manual Package Only:   $169.15 Add to Cart
Members receive a 15% discount on all orders. You may register online or call Lorman at 866-352-9539. Please use Priority Code 16125 and Discount Code N5644671 when registering.

Audio ConferenceCredit
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Benefits

This live audio conference will discuss defenses as applied in Bayou Madoff Petters and other Ponzi scheme and fraudulent transfer cases. While the Ponzi scheme cases are receiving the most attention, many, many fraudulent transfer actions have been launched in other cases, such as Brooke Insurance to recover fraudulent transfers. This audio conference will also cover recent cases such as Teleservices, Fidelity National Title Insurance Co. of New York, Manhattan Investment Fund and Sharp that discuss banks' liability for receiving payments from Ponzi Scheme entities.


Agenda


Bankruptcy Concepts and Overview

  • Debtor's Funds Used for Payment to Creditors vs. Equal Distribution
  • §547 Preferences – 90-Day Reachback Defenses
  • Ordinary Course
  • New Value
  • §548 Fraudulent Transfers – 2 Year Reachback
  • Actual Intent
  • Constructive Fraud
  • §544 State Fraudulent Transfer – 4 Years or Longer
  • UFCA vs. UFTA
  • Lender Liability Claims in Fraudulent Transfers



Key Discussion Points

  • Good Faith and Value – 548(c)
  • Claim for Principal
  • Reasonably Equivalent Value
  • Antecedent Consideration
  • Objective Good Faith
  • Subjective Good Faith
  • Too Good to Be True
  • Red Flags of Constructive Knowledge; Duty to Investigate
  • Commissions/Trade Invoices
  • Profits
  • Interest
  • Time Value of Money
  • §550 Immediate and Mediate Transferees
  • Net Winners and Losers
  • Solvency
  • Lender Liability Issues
  • Aiding and Abetting Liability
  • Lawyers, Accountants, Underwriters



Constructive Fraud Defenses

  • Conduit
  • Reasonably Equivalent Value
  • Identity of Interest
  • Nondebtor Source of Transfer

Faculty

Paul D. Sinclair, Polsinelli Shughart PC


Paul D. Sinclair
  • Shareholder at Polsinelli Shughart PC
  • Extensive representation of plaintiffs and defendants in fraudulent transfer and preference cases for more than 30 years involving hundreds of cases
  • Practice also focuses on director and officer liability, real estate, and business litigation
  • More than 30 years as a first chair trial lawyer in jury, nonjury and arbitration cases; represents secured and unsecured creditors, business debtors, committees of unsecured creditors and equity security holders; and liquidating trusts in business restructuring, workout and bankruptcy matters
  • Represented buyers and sellers of significant businesses in asset/business sales and acquisitions
  • Continuous listing since 2003 for the Best of the Bar Award from the Kansas City Business Journal
  • Named by Super Lawyers Magazine as one of the top attorneys in Missouri and Kansas for bankruptcy and creditor/debtor rights, 2007 to present
  • Listed in The Best Lawyers in America for bankruptcy and creditor-debtor rights Law, 2007 to present
  • Frequently lectures on legal topics and contributes to American Bankruptcy Institute publications
  • Served as an adjunct professor of real estate transactions at the University of Missouri-Kansas City School of Law
  • Admitted to practice in Missouri and Kansas
  • Member of the Kansas Bar Association, The Missouri Bar and the American Bankruptcy Institute
  • J.D. degree, Georgetown University; A.B. degree, magna cum laude, Boston College



Continuing Education Units
  • CLE (Please check the "Detailed Credit Information" page for states that have already been approved)
  • CPE
  • NALA
  • NFPA (Pending)
  • Paralegals
  • Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.

Detailed Credit Information


Only registered attendee will receive continuing education credit. Additional attendees can receive continuing education credits at a discounted price. Call 1-866-352-9540 for further credit information and details.


Who Should Attend

This program is primarily designed for attorneys. Other legal, banking, financial and insurance professionals may also benefit from attending.

Ponzi Targets: Investors, Banks, Lawyers, Claims and Defenses

July 10, 2012

    Special Offer
Live Audio Conference: $199.00 $169.15 Register Now

Live Audio Conference + CD: $268.00
$227.80
Best Value!
Register Now
 
Can't Attend the Live Audio Conference?
CD/Manual Package Only:   $169.15 Add to Cart

Venue

Venue:
Teleconference
City:
Teleconference

Instructions for Submitting Events to the WSPA Calendar:

  • Chapter Directors: To submit upcoming events for this calendar, please send an e-mail to webmaster@wspaonline.com with your event details and an Chapter Directors Application for CLE Credit to our CLE Accreditation Chair.
  • All other Organizations must complete an Application for WSPA Continuing Legal Education Credits available in (PDF) or (Word) and submit it with a fee of $25 per event. Events should be appropriate for legal professionals, and WSPA reserves the right to not accept any event listing that does not meet the needs and goals of the association.  New!  For faster processing, submit your $25 fee securely online here via Acteva, or you may still send payment by sending a check for $25 (payable to WSPA) with your completed Application for WSPA CLE Credits to WSPA, P.O. Box 58530, Seattle, WA 98138.  Please Allow 7-10 days for processing if mailing in your Application for WSPA CLE Credit approval.

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