• The Ponzi Book: A Legal Resource for Unraveling Ponzi Schemes
 
 
Shop by Jurisdiction
Shop by Practice Area
Shop Products
View ALM Products

View a different catalog:
The Ponzi Book: A Legal Resource for Unraveling Ponzi Schemes

The Ponzi Book: A Legal Resource for Unraveling Ponzi Schemes

A comprehensive guide to the complex issues that arise in Ponzi cases.


Availability: In Stock
Publisher :LexisNexis Electronic Publications
Format: mobi , eBook

ISBN: 9780327173120

2012
 
$225.00
Less More




    The Ponzi Book is also available in epub format or as a softbound book.

    Covering virtually all legal issues relating to unwinding Ponzi schemes, The Ponzi Book is relevant and timely, given the increased exposure of Ponzi schemes and the substantial litigation that has ensued in the quest to find assets and to make investors whole. Designed to be a comprehensive guide to the complex issues that arise in Ponzi schemes, The Ponzi Book includes a thorough legal analysis to support competing claims and defenses of affected parties, and contains a sophisticated discussion of the administrative practicalities that arise in Ponzi cases.

    Both practitioners in the field and parties affected by a Ponzi scheme can benefit from the comprehensive coverage of issues in The Ponzi Book. Several chapters are dedicated to increasingly common fraudulent transfer claims (clawbacks) and preference claims arising in Ponzi schemes, along with the defenses that investors, brokers and others can assert to those claims. The book also includes a detailed discussion of a broad array of litigation claims that can be pursued against any type of defendant with culpability or liability due to its involvement in a Ponzi scheme. Separate chapters are dedicated to each of the complicated legal issues of deepening insolvency, standing, and in pari delicto as they arise in Ponzi litigation. Since Ponzi schemes usually involve related criminal proceedings, the book also covers Fifth Amendment and other privilege issues as well as a detailed analysis of what happens to competing claims for assets in parallel insolvency and criminal proceedings.

    For those seeking to recover assets, several chapters discuss prejudgment remedies available to freeze assets, contempt proceedings, and service issues both internationally and domestically. The ultimate end game for claimants and those administering the unwinding of a Ponzi proceeding is the claims and allowance and distribution process, and this book offers a sophisticated review of differing approaches and methodologies available in the claims review process.

    Finally, the highlights of recent changes in the tax laws relative to tax relief for Ponzi victims are covered to raise awareness of these issues for victims and their tax advisors.

    Chapter 1 Introduction
    1.01 Scope of Issues Arising in Ponzi Cases
    1.02 Ponzi Scheme Defined
    1.03 Statutory and Legal Basis for Administration of Ponzi Proceedings
    1.04 Ponzi Schemes in the News

    Chapter 2 Actual Fraudulent Transfer Claims
    2.01 Introduction
    2.02 Meaning of "to Hinder, Delay or Defraud"
    2.03 Proof of Fraudulent Intent
    2.04 Proof of Injury in Fact
    2.05 Apportionment of Property Recovered
    2.06 Recovery from the Entity for Whose Benefit the Transfer Was Made
    2.07 Advantages to Actual Fraudulent Intent Claim for Relief
    2.08 Prejudgment Interest

    Chapter 3 Constructive Fraudulent Transfer Claims
    3.01 Introduction
    3.02 Less Than Reasonably Equivalent Value
    3.03 Debtor's Financial Condition
    3.04 Prejudgment Interest

    Chapter 4 Defenses to Fraudulent Transfer Claims and Preference Claims
    4.01 Introduction
    4.02 Defenses Available to an Initial Transferee
    4.03 Section 550(b)(1) Defense Available to a Subsequent Transferee
    4.04 Statute of Limitations Defense

    Chapter 5 Claims to Avoid Preferential Transfers
    5.01 Introduction
    5.02 The Bankruptcy Preference Statute
    5.03 Transfer of an Interest of the Debtor in Property
    5.04 To or for the Benefit of a Creditor
    5.05 On Account of an Antecedent Debt
    5.06 Insolvency
    5.07 The Investor Received More Than Chapter 7 Distribution
    5.08 Defenses to Preference Claims
    5.09 Prejudgment Interest on Preference Claim

    Chapter 6 Property Interests and Express, Resulting and Constructive Trust Claims
    6.01 Introduction
    6.02 Interest of Debtor in Property
    6.03 The Elements of Express, Resulting and Constructive Trust Claims
    6.04 Use of Constructive Trust by Trustees and Receivers to Claim Interest in Third Party Property
    6.05 Investor Claims Constructive Trust in Bankruptcy or Receivership Assets
    6.06 Defendant's Defense to Fraudulent Transfer or Preference Claims

    Chapter 7 Tort and Equitable Claims Against Insiders and Third Parties
    7.01 Introduction
    7.02 Breach of Fiduciary Duty Claim Against Corporate Officers or Directors
    7.03 Breach of Fiduciary Duty Claim Against Non-Insider Third Parties
    7.04 Constructive Fraud
    7.05 Negligence
    7.06 Malpractice and Professional Negligence
    7.07 Fraud
    7.08 Aiding and Abetting Fraud
    7.09 Aiding and Abetting a Breach of Fiduciary Duty
    7.10 Aiding and Abetting Negligent Misrepresentation
    7.11 Aiding and Abetting a Fraudulent Transfer
    7.12 Conspiracy
    7.13 Breach of Duty of Good Faith and Fair Dealing
    7.14 Tortious Interference with Contract Claim
    7.15 Conversion
    7.15 Unjust Enrichment
    7.16 Constructive Trust
    7.17 Accounting
    7.18 Alter Ego

    Chapter 8 Deepening Insolvency
    8.01 Introduction
    8.02 Definition, History and Debate
    8.03 Tort Claim for Deepening Insolvency
    8.04 Deepening Insolvency as a Theory of Damages
    8.05 Standing Issues in Pursuing Deepening Insolvency

    Chapter 9 Disgorgement Claims Against Relief Defendants
    9.01 Introduction
    9.02 The Key Features of a Disgorgement Claim Against a Relief Defendant
    9.03 The Distinction Between Relief and Fraudulent Transfer Defendants
    9.04 The Elements of the Claim

    Chapter 10 Statutory Claims: Securities and RICO Violations
    10.01 Introduction
    10.02 Securities Laws Violations
    10.03 Racketeer Influenced and Corrupt Organizations ("RICO") Act Violations

    Chapter 11 Equitable Subordination
    11.01 Equitable Subordination
    11.02 The Elements for Equitable Subordination
    11.03 Inequitable Conduct
    11.04 Harm to Other Creditors
    11.05 Insiders of Debtor
    11.06 Defenses to Equitable Subordination

    Chapter 12 The Economic Loss Defense
    12.01 Introduction
    12.02 Tort Damages Limited Where Claim Is Based in Contract
    12.03 Exception for Existing Duty or Special Relationship

    Chapter 13 Standing
    13.01 Introduction
    13.02 Trustee Standing
    13.03 Receiver Standing
    13.04 Standing of Creditors
    13.05 Standing Issues in Particular Claims for Relief

    Chapter 14 The In Pari Delicto Defense
    14.01 Introduction
    14.02 General Principles of In Pari Delicto
    14.03 Distinction Between In Pari Delicto and Standing Issues
    14.04 Applicability of In Pari Delicto Defense to Trustees
    14.05 Applicability of In Pari Delicto Against Receivers
    14.06 In Pari Delicto Used Against Third Parties
    14.07 Ways to Defeat the In Pari Delicto Defense
    14.08 In Pari Delicto Is Not Applicable Against Insiders
    14.09 In Pari Delicto Usually Not Ripe for Consideration on Motion to Dismiss

    Chapter 15 Gathering Evidence: Privilege Issues and Exchanging Information with the Government
    15.01 Introduction
    15.02 Privileges
    15.03 Reporting Crime and Obtaining Evidence from the Government

    Chapter 16 Forfeiture Proceedings and Victim Compensation Through the Criminal Process
    16.01 Introduction
    16.02 Criminal and Civil Forfeiture Proceedings
    16.03 Impact of Bankruptcy Filing on Forfeiture Proceeding
    16.04 Interests of Third Party Claimants in Forfeited Property
    16.05 Disposition of Forfeited Property Through the Remission Process
    16.06 Restitution and Restoration in Criminal Ponzi Cases
    16.07 Competition Between Parallel Forfeiture Proceedings and Civil Insolvency Proceedings to Compensate Ponzi Victims
    16.08 Cooperation Agreements
    16.09 Rothstein: A Case Study

    Chapter 17 Use of Contempt Proceedings to Recover Assets
    17.01 Introduction
    17.02 Civil Contempt Proceedings
    17.03 Criminal Contempt Proceedings

    Chapter 18 Non-Resident and Foreign Defendants: Personal Jurisdiction and Service of Process
    18.01 Introduction
    18.02 Personal Jurisdiction
    18.03 Service of Process

    Chapter 19 Foreign Proceedings and Discovery Abroad
    19.01 Introduction
    19.02 International Discovery: The Hague Convention or the Civil Rules?
    19.03 An Introduction to Mareva, Anton Piller, and Norwich Pharmacal Orders
    19.04 The Mareva or Freezing Injunction
    19.05 The Anton Piller or Search Order
    19.06 The Norwich Pharmacal Order
    19.07 Mareva by Letter
    19.08 Recognition of Foreign Proceedings Under Chapter 15 of the Bankruptcy Code

    Chapter 20 Allowance of Claims and Distribution Schemes
    20.01 Introduction
    20.02 Types of Claims
    20.03 Procedures in Submitting and Fixing Claims
    20.04 Methodologies for Calculating Amount of Distribution on Claims
    20.05 Additional Issues Impacting Distributions in Receivership Cases
    20.06 Distributions in SPIC Proceedings

    Chapter 21 Prejudgment Remedies
    21.01 Introduction
    21.02 Rule 64: Seizing a Person or Property
    21.03 Rule 65: Preliminary Injunctions and Temporary Restraining Orders
    21.04 Distinguishing Rule 64 and Rule 65

    Chapter 22 Tax Issues Arising in Ponzi Schemes
    22.01 Introduction
    22.02 Earnings as Income
    22.03 Tax Deduction for Losses

     

     

25% Off: Police Week Savings
The item you are trying to order is restricted to a quantity of 1 per order. Please complete the current order and place a new order for additional copy.
We are currently experiencing difficulties in adding this product to the cart. Please contact customer support at 1-800-543-6862 for assistance. You may continue to shop for other products in the store.

Products to Consider

Business Crime: Criminal Liability of the Business Community
The most complete guide to the many criminal questions that can arise in modern business practice.

Moore's AnswerGuide: Federal Discovery Practice
This authoritative desk reference provides answers to your basic questions about discovery in federal civil cases.

Securities Arbitration Procedure Manual, Fifth Edition
This two volume manual is acknowledged to be the essential reference in the field of securities arbitration.

Understanding White Collar Crime, Third Edition 2011
J. Kelly Strader, Professor of Law, Southwestern Law School