Commercial Fraud

Criminal Restitutions Are Not Recoverable as Preferences, Judge Agresti Says

Restitution payment does not qualify for the new value preference defense.

Co-Conspirator’s Intent Is Enough for Nondischargeability, Fifth Circuit Holds

A ‘no harm, no foul’ stay violation is harmless error.

Collecting Criminal Restitution Does Not Violate the Automatic Stay

Three circuits permit collection of criminal restitution despite the automatic stay.

Bankruptcy Settlement Provided No Protection from Criminal Forfeiture

Criminal forfeiture and bankruptcy protect different interests, district judge says.

Fictitious Profits Are Also Ignored on Inter-Account Transfers, Second Circuit Says

Madoff trustee’s newest appellate victory again disregards fictitious profits.