Attention:

I'm Shocked - Shocked! - to Find that Fraud is Going On in Here! Bankruptcy Fraud and Other Bankruptcy Crimes


Level: Advanced
Runtime: 55 minutes
Recorded Date: October 27, 2017
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Agenda


  • Husky Int'l v. Ritz
  • Representation of Criminal Defendants in the Bankruptcy Context
  • Sec. 523 v. Sec. 727
  • "Fraud" Defined
  • The Attorney-Client Privilege in Bankruptcy
  • Criminal Issues and the UST
  • Restitution, Forfeiture, and Defendants in Bankruptcy
  • Questions and Answers
Runtime: 55 minutes
Recorded: October 27, 2017

Description

This panel comprised of white collar legal specialists, prosecutors and litigators will discuss the various bankruptcy crime and fraud topics including 18 U.S.C. ? 157, 11 U.S.C. ?? 523 and 727 and the Supreme Court’s recent decisions in Shaw v. United States and Husky International Electronics, Inc. v. Ritz.

This program was recorded on October 27th, 2017.

Provided By

American Bankruptcy Institute

Panelists

Louis J. Wade

Shareholder
McDowell Rice Smith & Buchanana, PC

Lou Wade helps his clients obtain payment for what they do, practicing primarily in areas involving creditors' rights, commercial litigation, bankruptcy, and collection. He also provides advice and defenses for lawyers and collection agencies in cases alleging violations of the Fair Debt Collection Practices Act. He provides legal services to small, mid-sized, and large businesses as well as to individuals. In his years of practice, Mr. Wade has been an associate in a small firm, captive counsel to a national company, founder of his own firm, and partner in a large, regional firm before joining McDowell, Rice. His clients include automotive lenders and numerous manufacturers, lenders, and collection agencies.

Mr. Wade assists in dischargeability litigation, motions to lift stay, objections to confirmation, preference litigation, director and officer litigation, accounts receivable litigation for bankruptcy estates, and defense of contempt motions for discharge and stay violations; pursues collection of commercial accounts (e.g., open account sales of goods and services involving building supplies, agricultural products, computer services, auto parts, legal services, and virtually any other product or service) and retail accounts (e.g., credit cards and student loans). By use of trained staff and a sophisticated software system, Mr. Wade efficiently and effectively pursues legal remedies on behalf of creditors.

Mr. Wade also defends lawyers and collection agencies in state and federal court in cases alleging violations of FDCPA; defends lawyers in claims involving alleged ethical violations; defends companies in claims by the Attorney General; pursues cases involving contract, real estate, construction, and other disputes between businesses; enforces security interests, foreclosures, replevins, and mechanic's liens; and seeks recovery under automobile dealer bonds.

Lloyd E. Mueller

Trial Attorney
Office of the U.S. Trustee

Lloyd E. Mueller is a trial attorney with the Office of the U.S. Trustee in Kansas City, Mo. He previously clerked for Hon. Leif M. Clark of the U.S. Bankruptcy Court for the Western District of Texas, was as a trial attorney for the Office of District Counsel of the Internal Revenue Service, and was a special assistant U.S. attorney. Mr. Mueller received his J.D. from the University of Missouri - Columbia School of Law in 1986, having previously earned a Master of Divinity from the Concordia Seminary in St. Louis, Mo.

Kate Mahoney

Chief of the Fraud & Corruption Unit
U.S. Attorney's Office in Kansas City, MO

Kate Mahoney is chief of the Fraud and Corruption Unit at the U.S. Attorney’s Office in Kansas City, Mo., a position she has held since 2010. She joined the U.S. Attorney’s Office in Kansas City in 2003. Ms. Mahoney received her J.D. from the University of Texas Law School and worked at the Jackson County Prosecutor’s Office from 1990-2003, serving in almost every unit in the office.

James R. Hobbs

Partner
Wyrsch Hobbs & Mirakian

Mr. Hobbs has extensive experience in both civil and criminal cases with particular emphasis in white collar criminal defense work. He has tried cases in areas such as criminal enforcement of environmental laws, defense of health care prosecutions, representation of individuals and corporations charged with business crimes, and defense of political corruption prosecutions. Mr. Hobbs has also represented individuals charged with violent offenses and sexual assault cases. His practice also involves grand jury representation and pretrial representation of individuals and corporations under investigation for criminal conduct. Mr. Hobbs is the recipient of numerous awards, and he has served on many boards of organizations advocating for criminal defendants.

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