Events
By
Kathy Bazoian Phelps
and
Hon. Steven Rhodes
Published by
LexisNexis®
Upcoming Events
Kathy Phelps will participate in a presentation: A Spoonful of Sugar: Receivers in Restructurings, Liquidations, and Regulatory Actions Los Angeles County Bar Association, Remedies Section June 18, 2013, 6:00 p.m. 1055 West 7th Street 27th Floor Los Angeles, California onlinestore.lacba.org
Kathy Phelps will give a presentation: Ponzi Schemes: A Fraud Examiner's Role Association of Certified Fraud Examiners Los Angeles Area Chapter May 29, 2013, 5:00 PM to 8:00 PM Los Angeles Athletic Club 431 West Seventh Street Los Angeles, California la-acfe.org/meetinginfo.php?id=57&ts=1367442522
Kathy Phelps will participate in a presentation: Uncovering Fraud in a Turnaround Engagement 5th Annual TMA Western Regional Conference July 17-19, 2013 The St. Regis Monarch Beach Resort, Laguna Beach, California www.tmawesternregional.org/
Kathy Phelps and Judge Rhodes will give a presentation: Ponzi Schemes & Fraudulent Transfers Federal Bar Association, Western District of Michigan July 24-26, 2013 Park Place Hotel Traverse City, Michigan
Kathy Phelps and Judge Rhodes will participate in a presentation: Mock Trial: Receiver and Investor Class v. Big Bank National Association of Federal Equity Receivers (NAFER) September 27-28, 2013 Omni Chicago Hotel Chicago, Illinois www.nafer.org/conference
Kathy Phelps and Judge Rhodes will participate in a presentation: Complex Bankruptcy Litigation: Ponzi Schemes & Other Fraudulent Conveyances Commercial Law League of America October 31, 2013 At the NCBJ Conference Atlanta, Georgia clla.org/events/default.cfm?action=event_details&event=282
Past Events
Kathy Phelps has been named to The International Who's Who of Asset Recovery Lawyers 2013 by The International Who's Who of Business Lawyers. Kathy has also been named a 2013 Southern California Super Lawyer.
Kathy Phelps participated in a presentation, Beverly Hills Cop - Issues in Parallel Criminal, Bankruptcy, Forfeiture Proceedings , for the California Bankruptcy Forum on May 17-19, 2013 in Paradise Resort, San Diego, California.
Kathy Phelps was interviewed by Stephanie Cohen on The Not So Legal Show. The show, called Ponzi Schemes Explained, is available here.
Kathy Phelps participated in a presentation, Introduction to Fraud, at the International Chamber of Commerce FraudNet Conference on Fraud and Asset Recovery on April 26, 2013, in Oslo, Norway.
Kathy Phelps participated in a podcast for the American Bankruptcy Institute entitled, Exploring the Depths of Deepening Insolvency, published on April 16, 2013.
A new book by Kathy Phelps and Prof. Jack Williams, The Depths of Deepening Insolvency: Damage Exposure for Officers, Directors and Others, has been published by the American Bankruptcy Institute. It is available from the ABI Bookstore.
Kathy Phelps and Judge Rhodes participated in a meeting of the American Bar Association, Business Law Section, Committee on Bankruptcy Court Structure and Insolvency Process, Working Group on White Collar, Asset Forfeiture Bankruptcy, on April 4, 2013, in Washington, DC.
The Ponzi Blog was cited in the Concord Monitor on March 21, 2013, in an editorial entitled, Lawmakers Should Reject Fund for FRM Victims.
The Ponzi Book was the subject of an outstanding review published in the March, 2013, issue of the American Bankruptcy Institute Journal. The review was written by Tom Salerno of Squire Sanders in Phoenix, Arizona and is available here.
Kathy Phelps was quoted in the The Art Newspaper on February 27, 2013, in an article entitled, Gauguin in Alleged Fraud by Former NFL Star, by Riah Pryor.
Kathy Phelps has joined the law firm of Diamond McCarthy LLP. The firm is based in Texas and Kathy will manage the Los Angles office. For more information about the firm, go to: www.diamondmccarthy.com.
Kathy Phelps made a presentation, Ponzi Schemes - How Lawyers Can Protect Their Clients, for the Glendale Bar Association, the Burbank Bar Association, and the Glendale Estate Planning Council on February 6, 2013, in Burbank, California.
Kathy Phelps and Judge Rhodes participated in a presentation, Ponzi Schemes, at the Loyola V Complex Case Symposium of the California Receivers Forum, January 18-19, 2013, in Irvine, California. The materials for this presentation are available here.
Kathy Phelps and Judge Rhodes participated in a presentation, Trustee and The Badoff Investor Class v. Bigbank, A Mock Trial, at the American Bankruptcy Institute Winter Leadership Conference, November 29 - December 1, 2012, in Tucson, Arizona. The materials for the mock trial are available here.
Kathy Phelps participated in a presentation, How Accountants Can Help in Receivership Situations, at the AICPA Forensic & Valuation Services Conference, November 11-13, 2012, in Orlando, Florida.
The Ponzi Book was reviewed in the newsletter, Commercial Crime International (November 2012), published by Commercial Crime Services, London, UK. The review, entitled Understanding and Resolving Complex Ponzi Schemes, is available here.
Kathy Phelps appeared for a second time on the Money and Business Show on Radio Shalom CJRS radio in Montreal on October 24, 2012. She discussed "Ponzi Scheme Architecture and Pitfalls" with the show's host, Samuel Ezerzer.
Kathy Phelps gave a presentation with Steve Donell on Ponzi Schemes: Are You or Your Client at Risk? on October 22, 2012 in Los Angeles, California. Judge Rhodes moderated a panel on Way Past the 7th Inning and We're Still Stretching: Unresolved Issues in Chapter 13 at the National Conference of Bankruptcy Judges Annual Conference, October 24-27, 2012, in San Diego, California. Kathy Phelps and Judge Rhodes participated on a panel on Latest Wide World of Fraud: Claims and Defenses in Actions Targeting Investors, Bankers, Accountants, and Attorneys at the American Bankruptcy Institute Midwestern Bankruptcy Conference, October 5, 2012, in Kansas City, Missouri. Kathy Phelps attended the semi-annual International Chamber of Commerce FraudNet Conference
in Dublin, Ireland on September 27-29, 2012, which was attended by delegates from over 50 countries. Kathy is one of the delegates from the United States. For more information about Fraudnet, go to
www.icc-ccs.org/home/fraudnet. Judge Rhodes participated in a debate on Resolved: Venue Should Not Be Based on Place of Incorporation
at the American Bankruptcy Institute Southwest Bankruptcy Conference on September 13-15, 2012, in Las Vegas, Nevada.
Kathy Phelps and Judge Rhodes participated on a panel on Forfeited Assets, Yours Mine or Ours: Competition in Parallel Civil and Criminal Proceedings
for the National Association of Federal Equity Receivers on
September 13-14, 2012, in Fort Worth, Texas. Kathy also spoke on a second panel, Bankruptcy v Receivership: Different Strokes for Different Folks. At the same conference, Kathy was elected to the Board of Directors of NAFER.
Kathy Phelps appeared on the Money and Business Show on Radio Shalom CJRS radio in Montreal on August 29, 2012. She discussed "Protecting Your Assets and How to Avoid Madoff-Like Risk" with the show's host, Samuel Ezerzer. To hear the audio, click here. Kathy Phelps and Judge Rhodes had articles published in the Golden Gate University Law Review, Symposium: A Cross-Disciplinary Dialogue: White Collar Fraud, Asset Forfeiture, and Bankruptcy, Volume 42, Issue 2 (2012): Judge Rhodes participated in a debate, Resolved: The court must consider both paid and unpaid new value in reducing defendant's liability for avoidable transfers, including pre-petition invoices paid post-petition, at the American Bankruptcy Institute Mid-Atlantic Bankruptcy Conference, August 2-4, 2012, in Cambridge, Maryland. On July 30, 2012, Judge Rhodes presented a copy of The Ponzi Book: A Legal Resource for Unraveling Ponzi Schemes to Chief Judge Gerald Rosen of the United States District Court for the Eastern District of Michigan for placement in the court's library. Also in attendance was Senior District Judge Avern Cohn. A Detroit Legal News report and photo of the event are here. Kathy Phelps and Judge Rhodes participated on a panel, The Onslaught Continues: This Year's Commercial Fraud Cases You Need to Know About, at the American Bankruptcy Institute Northeast Bankruptcy Conference, July 12-15, 2012, in Bretton Woods, New Hampshire. Kathy Phelps and Judge Rhodes wrote articles for the American Bar Association Business Law Section's Online Resource, Business Law Today, published on June 21, 2012. The theme of this Online Resource is The Intersection Between Fraud, Crime Bankruptcy and Asset Forfeiture. A link to it is here. The articles are here: Kathy Phelps has accepted an invitation to become a member of the International Chamber of Commerce FraudNet. More information on FraudNet is available here. A downloadable brochure is available here. Kathy Phelps was selected for The International Who's Who of Asset Recovery Lawyers 2012. The list is available here. Kathy Phelps did an audio podcast, Legal Issues in Ponzi Scheme Litigation, for the LexisNexis Bankruptcy Law Community on May 1, 2012. It is available here. Kathy Phelps spoke on Ponzi Schemes - What Financial Institutions Can Do to Avoid Liability and Recover Losses for the Association of Certified Anti-Money Laundering Specialists, Southern California Chapter, on April 25, 2012. Judge Rhodes participated on a panel on Stern v. Marshall, Municipal Bankruptcies and Other Hot Topics at the Sixth Circuit Judicial Conference, April 24-27, 2012. Judge Rhodes participated on a panel, Mock Chapter 11 Confirmation Hearingat the American Bankruptcy Institute Annual Spring Meeting, April 19-22, 2012, in National Harbor, Maryland.
Kathy Phelps did a video, How to Avoid a Ponzi Scheme, with Michael Martin of the Huffington Post. On April 17, 2012, the video was published on the Huff Post Business website.
Kathy Phelps did an audio podcast, Bankers That Bank Fraudsters Could Face Costly Liability to Victims, for the Association of Certified Financial Crime Specialists on April 8, 2012. It is available here.
Kathy Phelps spoke on The Potential Pitfalls for Attorneys and Other Professionals in Ponzi Schemes at UCLA Law School on April 5, 2012.
Kathy Phelps and Judge Rhodes prepared an Emerging Issue Analysis for the LexisNexis Bankruptcy Law Community, How to Divide the Remaining Sliver of Pie in Ponzi Cases: Claims Allowance and Distribution Schemes, posted on April 3, 2012. It is available here.
Judge Rhodes and Kathy Phelps wrote an article, Supplementing the Tools in the Trustee's Toolbox, for the Spring 2012 issue of NABTalk, The Journal of the National Conference of Bankruptcy Trustees. It is available here. (Reprinted by permission from NABTalk, The Journal of the National Association of Bankruptcy Trustees, Spring 2012, pp. 8-11.)
Kathy Phelps and Judge Rhodes spoke on a panel, All's Well That Starts Well: Prejudgment Remedies, for the National Association of Bankruptcy Trustees, Spring Seminar, March 29-31, 2012, in Las Vegas, Nevada. The materials for that presentation are here. © Kathy Bazoian Phelps & Steven Rhodes 2012. Judge Rhodes also spoke on two other panels:
- Friend Me? Ethics and Professionalism Issues Related to the Use of Social Media
- An Empirical Study of the Costs of BAPCA
Judge Rhodes spoke on Ten Surprises in the Law of Unraveling Ponzi Schemes for the Business Law Association at the University of Michigan Law School on March 27, 2012.
Kathy Phelps spoke on New Law from the Madoff Case and Tips to Avoid the Next Ponzi Scheme for the Beverly Hills Bar Association on March 26, 2012.
Kathy Phelps and Judge Rhodes spoke on a panel, The Government Seized the Assets!?! What Can We Do?, for the American Bar Association, Business Law Section, Business Bankruptcy Committee, at its Spring Meeting, March 22-24, 2012, in Las Vegas, Nevada. The materials that Kathy and Judge Rhodes prepared are available here. © Kathy Bazoian Phelps & Steven Rhodes 2012
Judge Rhodes spoke on The Ponzi Book: A Legal Resource for Unraveling Ponzi Schemes at a joint program of the Bankruptcy Committee of the Federal Bar Association - Eastern District of Michigan and the Debtor/Creditors' Rights Committee of the Business Law Section of the State Bar of Michigan on March 21, 2012. A report of this presentation in the Oakland Legal News is here.
Kathy Phelps was extensively quoted in the Wall Street Journal on March 19, 2012, in an article entitled, Attorney Who Wrote the Book on Ponzi Schemes Discusses Mets Deal, by Jacqueline Palank.
Kathy Phelps has written an article, Liability of Professionals and Insiders in Ponzi Schemes, for the California Business Law Practitioner. 27 CEB Cal. Bus. L. Prac. 22 (Winter 2012). The article is available here. © Kathy Bazoian Phelps 2012
Kathy Phelps and Hon. Steven Rhodes spoke on a panel, New Issues in Fraud: Causes of Action and Defenses, at the American Bankruptcy Institute Bankruptcy Battleground West, March 16, 2012, in Los Angeles, California. Kathy's materials for this presentation are available here. © Kathy Bazoian Phelps 2012
Kathy Phelps presented a webinar, The Costly Collision of Financial Institutions with Ponzi Schemes, on March 15, 2012. The webinar is here. © Kathy Bazoian Phelps 2012
Kathy Phelps participated in a webinar, Ponzi Schemes, Securities Fraud and Other Fraudulent Enterprises: From "A" (Asset forfeiture and avoiding powers) to "B" (Bankruptcy) to "C" (Coordinating multiple court proceedings), for the Business Bankruptcy Committee of the American Bar Association Business Section on March 8, 2012. The powerpoint presentation is available here. The audio of the webinar will be available shortly.
Kathy Phelps spoke on Financial Institution, Meet Ponzi Scheme at a breakfast meeting of the Special Assets Management Association on February 7, 2012, in Los Angeles, California.
Kathy Phelps was quoted in the Wall Street Journal on January 5, 2012, in an article entitled, The Madoff Liquidation, Three Years Later, by Jacqueline Palank.
Kathy Phelps was appointed Editor In Chief of the Receivership News in November 2011. Her first issue was published in December, 2011, and is available at: www.receivers.org/recnews/fall11.pdf.
Judge Rhodes spoke at the American Bankruptcy Institute Winter Leadership conference on November 30 - December 2, 2011, in La Quinta, California, moderating a panel on The ABI Consumer Fee Study. He also spoke on a panel addressing The Outer Limits of Zealous Advocacy and Civility in the Practice.
Kathy Phelps spoke at the annual conference for the International Association for Asset Recovery on November 17, 2011, in Las Vegas, Nevada on two panels:
- How Receivers, Trustees and Monitors Use Their Special Powers and Tools to Trace and Recover Assets Worldwide
- How to Follow the Fruitful Path of Recovering Assets from (Deep-Pocketed) Third Parties
Kathy Phelps and Judge Rhodes participated in a conference on Ponzi schemes, "White Collar Crime & Business Bankruptcy: A Cross Disciplinary Dialog," presented jointly by American Bar Association and Golden Gate University School of Law on November 4-5, 2011 in San Francisco, California.
- Kathy Phelps moderated a panel on The More We Get Together, The Greater Value We'll Preserve: Recognizing and Creating Complementary Processes and spoke on a panel on Distribution and Priority in the Bankruptcy and Forfeiture Context: The Basics.
- Judge Rhodes spoke on panels addressing Navigating Uncharted Waters: View from the Bridge and Evidentiary, Procedural and Administrative Concerns: So Many Opportunities to Grease, or Muck Up, the Gears.
Kathy Phelps spoke at the annual conference of the National Association of Attorneys General, October 25, 2011, on a panel entitled Bringing Third Parties In: Claims for Relief Against Third Parties and the Defenses of Lack of Standing and In Pari Delicto.
Kathy Phelps spoke at the Annual Fall Conference of the National Association of Bankruptcy Trustees on September 22, 2011, in Amelia Island, Florida on a panel addressing Non-Traditional Assets. A video of this presentation is available here.
Judge Rhodes spoke at the Annual Fall Conference of the National Association of Bankruptcy Trustees on September 22-25, 2011. He participated in two panels:
- Ethics and Professionalism: Social Networking Issues
- Trial Practice
Kathy Phelps spoke at an event for the Commercial Finance Corporation of California on September 13, 2011, in Costa Mesa, California on a panel addressing fraud issues arising in Ponzi scheme cases of concern to financial institutions.
Kathy Phelps and Judge Rhodes spoke at a luncheon jointly presented by the Beverly Hills Bar Association and the Association of Certified Fraud Examiners on August 3, 2011, on The Liability of Attorneys, Accountants and Other Professionals in Ponzi Schemes: I Wish I Had Become a Doctor!
Kathy Phelps co-authored an article, Emergence of Mareva by Letter: Banks' Liability to Non-Customer Victims of Fraud. (The article is available here. This article was first published in Business Law International, Vol. 12 No. 2, May 2011, and is reproduced by the kind permission of the International Bar Association, London, UK.
© International Bar Association 2011.)
Kathy Phelps and Judge Rhodes spoke at a luncheon presented by the Los Angeles County Bar Association on March 16, 2011 on What Did You Know and When Did You Know It? The Liability of Professionals and Insiders in Ponzi Cases.
Kathy Phelps and Judge Rhodes spoke on a panel on Fraudulent Transfer Claims and Defenses in Ponzi Schemes Cases at the Annual Fall Conference of the National Association of Bankruptcy Trustees on September 29, 2010, in San Francisco, California. A video of the presentation is available here.
Kathy Phelps authored an article, In Pari Delicto and the Blame Game: Should Receivers Get Caught in the Fray?, Receivership News, Fall 2010. The article is available here. © Kathy Bazoian Phelps 2010
Kathy Phelps authored an article, Opportunities for Bankruptcy Trustees in Ponzi Scheme Cases, NABTalk, Summer 2010. The article is available here. (Reprinted by permission from NABTalk, The Journal of the National Association of Bankruptcy Trustees, Summer 2010, pp. 26-27, 39.)
Kathy Phelps spoke at the 26th Annual Bankruptcy & Restructuring Conference of the Association of Insolvency and Restructuring Advisors on June 9-12, 2010, in San Diego, California. Here are Kathy's materials:
- Fraudulent Transfer Claims and Defenses in Ponzi Schemes © Kathy Bazoian Phelps 2010
- Standing and In Pari Delicto Issues Arising in Ponzi Scheme Cases © Kathy Bazoian Phelps 2010
- Deepening Insolvency as a Cause of Action and as a Theory of Damages © Kathy Bazoian Phelps 2010
