Client Focused. Hackard Law’s attorneys are Client Focused. While our clients’ legal challenges change with the economy, our core values remain strong: legal excellence, careful preparation and unshakeable resolve are our commitments, both in good and bad economic times.
What’s in a Title? “PONZI Clawbacks – ‘Defending Victims of Investment Fraud.’” A key factor in most Ponzi cases is the perpetrator’s false representations to investors that he is engaged in a legitimate business. The “quality” of the perpetrator’s salesmanship often determines the longevity and size of the overall Ponzi enterprise. Good-faith investors are usually shocked when they learn that they have been defrauded by a scammer. The awareness of being taken advantage often coupled with the investor’s recognition of personal insolvency can be overwhelming. The shock is doubled by the onset of adversary proceedings. In the wake of the scheme’s bankruptcy, investors are sued by court-appointed trustees seeking to recover any return on their original investment.
A proliferation of Ponzi cases ending up in United States Bankruptcy Courts has led to a proliferation of lawsuits, or clawbacks, against investors. Facing a clawback by the court-appointed trustee might seem daunting and a perceived affront to personal dignity, but there are a number of defenses to these lawsuits that are fact-specific. Our attorneys methodically apply the defenses available to Ponzi investment victims. In matters of litigation, we aim for well-tested procedural coordination and the consolidation of adversary cases – this can help to streamline the judicial process and reduce the individual costs of representation.
Bankruptcy Litigation and Related Practice Areas
- Adversary Proceedings
- Assignments of Bankruptcy Claims
- Bankruptcy Preference Defense
- Debt Defense and Judgment Collection
- FDIC Related Issues
- Fraudulent Conveyances Litigation
- Loan Workouts
- Reliefs from Stay
- Retirement Plans Litigation
- Special Assets Litigation and Disposition
Hackard Law’s Additional Major Practice Areas
- Business Entities Formation and Dissolution
- Estate Planning
- Estates and Trust Litigation
- Mass Tort Litigation