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THE IMPACT OF FRAUD: MADOFF AND BEYOND

Co-sponsored with Suffolk University Law School's Business Law and Financial Services Concentration and the Federal Bar Association.

This conference is supported in part by an unrestricted educational grant from Nelson, Kinder, Mosseau & Saturley, P.C.

Please Note: This course has already been held.

Date: Friday, May 29, 2009

Location: Suffolk University Law School, 120 Tremont St., Boston, MA
Time: 09:00 AM - 04:30 PM

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Cases of fraud have always plagued the economy, but during the past few months, revelations about their magnitude and impact have astounded the public, and challenged the legal system. Names like Madoff, Dreier, and Satyam (the multi-billion dollar fraud called “India’s Enron”) have become common currency. With the economic downturn, instances of fraud, embezzlement and theft are already on the rise, and reports of major Ponzi schemes and earnings inflation seem to be becoming commonplace. Massachusetts alone has suffered from Ponzi schemes during the recent past.

The damage from fraud continues long after the initial wrongdoing, and unraveling its aftermath is complex. This course begins by identifying the wrongdoers, then identifies those who owed a legal duty to stop them or to warn the public, and then outlines the methods of recovering the money – even if it has gone to innocent parties.

This program focuses on two principal areas that necessarily follow after an occurrence of fraud: 1. the consequences to, and the rights of, victims and 2. the sources and methods for obtaining repayment.

Suffolk University Law School has assembled leading and experienced experts to analyze this field, including the case law that has already developed.

Attend and Learn:
  • The factual and legal underpinnings of complex fraud schemes

  • What rights and risks your clients face after being victimized by fraud

  • The benefits and limitations of relying on restitution in criminal sentencing

  • How to identify officers, directors, or outside professionals who may be liable for the wrongdoing of others and may serve as an alternate source of repayment

  • How in-house counsel must balance SOX obligations against the Attorney Client Privilege in order to avoid personal liability

  • How to decipher the insurance considerations that can protect a client or affect a client’s recovery from directors, officers, and outside professionals

  F A C U L T Y

  Richard L. Levine, Esq., Co-Chair
  Of Counsel, Nelson, Kinder, Mosseau & Saturley, P.C.
Former Director and Counsel, Executive Office for United States Trustees
United States Department of Justice
   
  Kenneth E. Rubinstein, Esq., Co-Chair
  Officer, Founder of Creditors Rights Practice, Nelson, Kinder, Mosseau & Saturley, P.C.
   
  David S. Friedman, Esq., First Assistant Attorney General, Massachusetts
  Former Law Clerk, Supreme Court, Justice John Paul Stevens
   
  Christopher Kenney, Esq.
  Managing Shareholder, Kenney & Sams, P.C.
President-Elect, Federal Bar Association, Massachusetts Chapter
   
  Michael J. Kline, Esq.
  Partner and Former Chair of the Corporate Department of
FoxRothschild LLP, Princeton, NJ and Philadelphia, PA
   
  Christopher Panos, Esq.
  Managing Shareholder, Craig and Macauley Professional Corporation
Former Chair, Bankruptcy Law Section, Boston Bar Association
   
  Sara Jane Shanahan, Esq.
  Partner, Sherin and Lodgen LLP
Member, Litigation Department Financial Recovery and Life Sciences Groups
   
  Robert Somma, Esq.
  Senior Counsel, Posternak Blankstein & Lund, LLP
Former United States Bankruptcy Judge, District of Massachusetts
   
  Donald K. Stern, Esq.
  Partner, Cooley Godward Kronish LLP
Former United States Attorney, District of Massachusetts
   
  Adrienne K. Walker, Esq.
  Associate, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Co-Chair, Bankruptcy Law Section, Boston Bar Association
   
  S C H E D U L E / A G E N D A

9:00 WELCOME AND INTRODUCTIONS
Anatomy of a Fraud-Knowing It When You See It
Richard Levine, Esq. and Kenneth E. Rubinstein, Esq., Co-Chairs



9:15 D & O AND PROFESSIONAL LIABILITY IN THE AFTERMATH OF FRAUD (PART I-INSIDER LIABILITY IN PUBLIC AND PRIVATE ORGANIZATIONS)
Michael J. Kline, Esq., Kenneth E. Rubinstein, Esq., Sara Jane Shanahan, Esq.,
and Robert Somma, Esq.



10:15 NETWORKING BREAK

10:30 D & O AND PROFESSIONAL LIABILITY IN THE AFTERMATH OF FRAUD (PART II-OUTSIDER PROFESSIONAL LIABILITY)
Michael J. Kline, Esq., Kenneth E. Rubinstein, Esq., Sara Jane Shanahan, Esq.,
and Robert Somma, Esq.



11:15 SPECIAL CONSIDERATIONS FOR NONPROFITS
Michael J. Kline, Esq.



12:00 NETWORKING LUNCH
Sponsored by the Federal Bar Association and
Nelson, Kinder, Mosseau and Saturley, P.C.



1:00 PONZI SCHEMES: VICTIMIZED AGAIN-RIGHTS AND EXPOSURES OF VICTIMS AND OTHERS IN THE THIEF’S INSOLVENCY PROCEEDING
  • Causes of Action
  • Jurisdictional Issues
  • SIPA-Securities Investment Protection Act
Richard Levine, Esq., Christopher Panos, Esq., and Adrienne K. Walker, Esq.



2:00 ARE YOU IN GOOD HANDS?-INSURANCE COVERAGE CONSIDERATIONS
Brandon Bayley, Esq., and Christopher Kenney, Esq.



2:45 Q & A

3:00 NETWORKING BREAK

3:15 BIG BROTHER IS HELPING-THE ROLE OF REGULATORS AND PROSECUTORS IN PURSUING ACTIONS, HANDLING INVESTIGATIONS AND COMPELLING REPAYMENT
David A. Friedman, Esq., Donald K. Stern, Esq., and Representative of
Enforcement Agency, TBA



4:15 Q & A

4:30 CONCLUDE

  G E N E R A L   I N F O

Date:  

Friday, May 29, 2009

Tuition:  

Tuition is $199.00. $149.00, for Suffolk alums, attorneys admitted to the Bar after 2006 and members of the FBA. Tuition includes the course materials, breakfast, and lunch.



Walk-Ins:  

Space is limited. Registrations at the door are welcome, but please register in advance to reserve a seat and your written course materials or call to confirm space availability.



Refunds:  

If for some reason you are not able to attend, you may send a substitute or call no later than the business day before to receive a refund less a $15.00 cancellation fee. Otherwise you will receive the book.



Location:  

Suffolk University Law School, 120 Tremont St., Boston, MA



Credit:  

This course will provide CLE Credit in RI, NH, VT & ME.



Special
Needs:
 

If you have special needs addressed by the Americans with Disabilities Act, please notify us as soon as possible.



Scholarships:  

Are available to any attorney or professional employed in public service, or for whom attendance would otherwise present a financial hardship. For more information, call 617.573.8627.




Directions to the Law School.

 

Unable to attend but are interested in the course materials?
Purchase Here!


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