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Bankruptcy Crimes: Behind The White Collar


Level: Intermediate
Runtime: 83 minutes
Recorded Date: February 15, 2024
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Agenda

  • Overview
  • Title 18
  • Bankruptcy Related Statutes in Title 18
  • Other Relevant Criminal Statutes
  • Hypotheticals/Examples
  • “The Best” LLC Dazzles and Deceives in Chapter 11

For NY - Difficulty Level: Both newly admitted and experienced attorneys

Description

In this session, an FBI agent, a U.S. attorney, an Assistant U.S. Trustee and a bankruptcy trustee will discuss the who, what, when and why of bankruptcy crimes, including the relationship between a criminal prosecution and a contemporaneous bankruptcy case or cases involving the criminal defendants, either as principals of the debtor or the debtors themselves.

Topics for Discussion:
  • What federal law is implicated in pursuing bankruptcy and other financial crimes? A discussion of Title 18, United States Code, focusing on ?? 152, 156, 157, 158, 1032, 1519, 3057 and 3284.
  • How does a criminal referral occur? Who are the players involved in initiating an investigation and prosecution? The roles of the trustee, the Bankruptcy Court, and the U.S. Trustee.
  • The FBI’s involvement in an investigation of a bankruptcy crime.
  • Other federal and state statutes that can be implicated in prosecution of a bankruptcy crime.
  • Crimes that are commonly related to bankruptcy cases, such as mail fraud, wire fraud, bank fraud, securities fraud, PPP and EIDL fraud, money laundering, perjury, and bribery.
  • Role of the attorney in counseling clients who have engaged in illegal actions, evaluated when the attorney has knowledge of the illegal actions, and when the attorney lacks such knowledge.
  • Practical limits on prosecution of bankruptcy crimes.
  • Use of the U.S. Trustee as an expert witness.

Provided By

American Bankruptcy Institute
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Panelists

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Michelle McDaniel

Special Agent
Federal Bureau of Investigation

Michelle McDaniel is an FBI Special Agent for the Miami division, located in the West Palm Beach Resident Agency. She investigates complex white-collar and financial crime matters in the Southern District of Florida.

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W. Stephen Muldrow

U.S. Attorney
U.S. District of Puerto Rico

W. Stephen Muldrow is the U.S. Attorney for the District of Puerto Rico in San Juan, sworn in on on Oct. 4, 2019, following his confirmation by the U.S. Senate on Sept. 26, 2019.

He previously served as an Assistant U.S. Attorney in the Puerto Rico U.S. Attorney’s Office from 1995-2001, serving as Lead Organized Crime Drug Task Force (OCDETF) Attorney and Coordinator for the High Intensity Drug Trafficking Area (HIDTA) Task Force. From 2001-19, Mr. Muldrow served as an Assistant U.S. Attorney in the Middle District of Florida, including serving as the Acting U.S. Attorney (March 2017-January 2018), the First Assistant U.S. Attorney, senior litigation counsel in both the Civil and Criminal Divisions, chief of the Major Crimes Section, and as an OCDETF prosecutor.

From 1989- 95, Mr. Muldrow worked as a trial attorney and senior trial attorney in the Tax Division, Civil Trial Section, Northern Region in Washington, D.C., having joined the Department of Justice through the Honors Program in 1989. From 1988-89, he worked as a law clerk for the U.S. Marshals Service, Office of General Counsel.

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Robert C. Furr

Partner
Furr & Cohen, P.A.

Robert C. Furr is a partner with Furr & Cohen, P.A. in Boca Raton, Fla., and serves as a panel trustee for the U.S. Department of Justice in the Southern District of Florida.

He is regularly appointed as a chapter 11 trustee and has been designated as the chapter 12 trustee in the Southern District. Mr. Furr has represented numerous businesses in chapter 7 liquidations and in chapter 11 reorganizations, as well as individuals in complex chapter 7 and chapter 11 proceedings.

He lectures frequently on issues of bankruptcy, creditors’ rights and remedies before national organizations.

Mr. Furr served as editor of NABTalk from 2000-05 and sat on NABT’s board of directors from 2000-11, serving as president during the 2008-09 term. He is currently president of the American Board of Certification. Mr. Furr is a contributor to the ABI Journal and is admitted to practice law in Georgia and Florida and in all federal courts in Florida and the Eleventh Circuit Court of Appeals.

In 1983, Mr. Furr became a Board Certified Civil Trial Lawyer by the Florida Bar, and in 1994 he received an AV rating by Martindale-Hubbell.

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Heidi A. Feinman

Assistant U.S. Trustee
U.S. Trustee Program

Heidi A. Feinman is the Assistant U.S. Trustee for the Miami office.
She began as a trial attorney with the UST Program in the Atlanta office in 1992 and moved to the Miami office in 1998. Although she has overseen cases in all divisions in the Southern District of Florida and appeared before most of the judges, Ms. Feinman regularly appeared in the West Palm Beach division. She also was the Bankruptcy Fraud Criminal Referral coordinator for the Miami office and is the liaison with the U.S. Attorney’s Office and other federal agencies.

Ms. Feinman is a member of the SDFL Transnational Elder Fraud Strike Force and the Securities and Investment Task Force. In 2002, she was appointed a Special Assistant U.S. Attorney in Miami, assisting in the prosecution and conviction of Thomas Warmus for bankruptcy fraud.

She is a member of several government fraud working groups and has lectured on bankruptcy fraud to the U.S. Attorney Program, the court, the bankruptcy bar and other agencies. Ms. Feinman serves on several U.S. Trustee Program working groups.

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Hon. Mindy A. Mora

Judge
U.S. Bankruptcy Court, Southern District of Florida

Hon. Mindy A. Mora is U.S. Bankruptcy Judge for the Southern District of Florida in West Palm Beach, appointed on April 6, 2018. In 2014, she was named a Fellow of the American College of Bankruptcy, and in 2016, in light of her professional achievements in the area of commercial finance, she was named a Fellow in the American College of Commercial Finance Attorneys. She also previously chaired the Business Law Section of The Florida Bar.

She practiced in the areas of bankruptcy, commercial finance, and securitized real estate finance and litigation from 1982-2018 prior to her appointment to the bench by the Eleventh Circuit Court of Appeals.

Judge Mora is a Fellow of both the American College of Bankruptcy and the American College of Commercial Finance Attorneys. She previously chaired the Business Law Section of The Florida Bar, which represents the interests of more than 5,000 business lawyers within the State of Florida.

Throughout much of her legal practice, she has been active in the development of Florida’s commercial laws, most recently as a member of The Florida Bar Business Law Section task force that prepared draft Florida legislation adopting a modified version of the Uniform Commercial Real Estate Receivership Act.

Judge Mora is a member of the National Conference of Bankruptcy Judges and has served on its Technology, New Member, Education and Executive Director Search Committees.


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