The information is for general informational purposes only and is not legal advice.
1 Practice Areas
4 Notable Representations
2 Insights
Securities and investment fraud recovery encompasses receivership-related proceedings and affirmative recovery actions arising from securities fraud, Ponzi schemes, and hedge fund misconduct. These matters arise in the wake of SEC and CFTC enforcement actions, investor claims, and court-appointed receiverships, and require the identification, tracing, and marshaling of assets on behalf of defrauded individuals and institutional claimants.
The procedural and substantive demands of this work are shaped by the court-supervised nature of receivership proceedings, the involvement of federal regulators, and the need to pursue recovery against a wide range of transferees and third parties. Effective representation requires command of the statutory and equitable frameworks governing fraudulent transfer litigation, clawback actions, and claims administration — as well as the capacity to manage large-scale asset recovery efforts across multiple jurisdictions.
Recovery actions in the securities fraud context arise within the framework of court-supervised receiverships, typically established following enforcement actions by the Securities and Exchange Commission or the Commodity Futures Trading Commission. The receiver — appointed by the court to take control of a fraudulent enterprise — is tasked with marshaling remaining assets, unwinding transactions, and pursuing affirmative claims to maximize the recovery available for distribution to defrauded investors and creditors.
These proceedings involve fraudulent transfer litigation, clawback actions against net winners and insiders, and the tracing of misappropriated funds through complex financial structures. Claims administration requires the evaluation and prioritization of competing claims from investors, creditors, and government agencies, often across multiple federal districts. The procedural framework intersects with bankruptcy law, federal securities regulation, and state fraudulent transfer statutes, creating layered jurisdictional and substantive issues that define the litigation landscape.
Effective securities fraud recovery demands a structured approach to asset identification and the disciplined pursuit of recovery across multiple categories of defendants and transferees. Strategic priorities include early asset preservation through temporary restraining orders and asset freezes, forensic analysis of fund flows and transactional records, and the development of claims that can withstand the defenses available to downstream recipients — including good faith and value defenses under applicable fraudulent transfer statutes.
Insights addressing legal developments and issues related to this area of focus.
Court-appointed receiver representations for SEC, FTC, CFTC, and state agencies in complex financial matters.
Various claimants
Obtained recoveries in relation to SEC’s $1.2B fraud action against hedge fund.
Media Coverage: The Wall Street Journal
Receivership and Estate Proceedings
Represented client in receivership-related proceedings concerning ESM Government Securities.
Secured Creditor Rights
Represented a secured creditor in federal SEC receivership proceedings, protecting and preserving lienholder interests in complex securities litigation.
Media Coverage: SEC · The Real Deal · Miami Herald