Cross-Border Recovery in Fraudulent Schemes

The following session took place during the Annual Spring Meeting in April 2024. Ponzi and other fraudulent schemes continue to proliferate. Many of these schemes, event if primarily targeted at Americans, operate using offshore entities in the Caribbean. As a result, resolving such schemes typically involves domestic receiverships or bankruptcy coupled with offshore liquidation proceedings. The victims’ recoveries may vary widely depending on whether the distribution of the scheme’s remaining assets is determined by U.S. bankruptcy law, U.S. common law or foreign law. This panel will explore the various ways in which U.S. and foreign laws implicate victims’ recoveries, as well as potential changes to those laws. All sessions from this conference can be accessed at https://cle.abi.org/.

Materials are available here.

Speakers:

Michael D. Napoli, Moderator
Akerman LLP | Dallas
Kimberly K. Crabbe-Adams
Harneys | Road Town, Tortola, British Virgin Islands
R. Craig Martin
DLA Piper | Wilmington, Del.

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Conference
2024 Annual Spring Meeting
Date