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Complex Business Fraud Litigation

In unearthing fraud and assisting its victims, we are creative, aggressive, and relentless.

Our Complex Business Fraud Litigation Group takes a proactive, prosecutorial, and strategic approach to a broad range of business and professional misconduct matters, focusing on investment fraud and Ponzi-type schemes that result in business insolvencies.

Whether representing a fiduciary or private party, we focus on using our multi-disciplinary experience in litigation, law enforcement, bankruptcy, and securities to investigate and, when necessary, litigate, in order to achieve the highest recovery possible for the victims of the fraud. Our background in law enforcement enables us to work cooperatively with regulatory and criminal authorities to pursue all avenues of recovery. Our bankruptcy experience enables us to effectively navigate the bankruptcy process.

Our extensive experience enables us to make an early assessment of costs and strategies, and, where possible, we bring cases to a successful conclusion before they grow into lengthy, costly battles.

When undertaking fraud investigations, we examine all potential wrongdoers who may have some exposure to liability to the victims of the fraud. We have a successful record of identifying and obtaining recovery for fraud victims from many different sources, including banks, insurance companies, brokerage firms, professionals, and others who may have in some way facilitated or profited from the fraud.

Representative Cases:

  • Asserted multiple claims against individuals, professional firms, insurance companies and financial institutions on behalf of Chapter 11 trustee, and to date have recovered in excess of $120 million for victims of a Ponzi scheme.
  • Represented SEC Receiver of bank in suits against banks and brokerage firms arising out of a restricted stock scheme, resulting in the recovery of more than $20 million for victims.
  • Obtained a 100% recovery for creditors of a bankrupt, no-asset, auto dealership group on behalf of a bankruptcy trustee through assertion of claims based on vigorous forensic review of bank records and examinations of former principals and other parties.
  • Represented investor group in litigation involving fraudulent conveyance of artworks.
  • Represented Trustee of post-confirmation Liquidation Trust in investigation and pursuit of fraud and other claims owned by the Trusts to recover more than $317 million for victims.

Case Study

Complex Business Fraud Litigation, Litigation/Alternative Dispute Resolution

ATM Ponzi Scheme

Ponzi Scheme fraudsters  purported to sell non-existent machines to investors and then lease them back from those investors in exchange for monthly “lease” or “rent” payments.

The Situation

Ponzi Scheme fraudsters  purported to sell non-existent machines to investors and then lease them back from those investors in exchange for monthly “lease” or “rent” payments.  However, in general, the machines did not exist, and fraudsters used the money from new investors to pay earlier investors monthly returns.

The Solution

GEABP, led by partner Michael Devorkin, brought a putative class action in New York federal court on behalf of certain victims, and worked with attorneys in California, who brought separate class action, and with SEC Receiver to prosecute claims against financial institution that allegedly aided and abetted the scheme.

The Result

GEABP, working with other firms and the Receiver, negotiated and obtained court approval of final settlement of $33.55 million, enabling victims to  recover approximately 46% of their losses, in what the Court considered “meaningful relief for investors who lost money,” which is “exponentially more than the typical result” in similar cases.