Speakers
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Alan Buie
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Beth Jo Zeitzer
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Byron Moldo
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Christopher Davis
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Ferdose al Taie
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Gonzalo Zeballos
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Hon. Darrin GaylesU.S. District Court, Southern District of FloridaJudge Darrin Gayles is a United States District Judge for the Southern District of Florida. President Barack Obama nominated Judge Gayles to the District Court on February 6, 2014. On June 17, 2014, the United States Senate unanimously confirmed Judge Gayles’ nomination by a 98-0 vote. Judge Gayles previously served for more than ten years as a judge of Florida’s 11th Judicial Circuit. Judge Gayles was appointed to the County Court of that circuit by former Florida Governor Jeb Bush in 2004. In 2011, former Florida Governor Charlie Crist elevated Judge Gayles to the Circuit Court, where he served until his federal appointment. Judge Gayles is also a leader and active participant in South Florida’s legal and civic communities. He is a former co-chairman of the 11th Judicial Circuit’s (Florida) Professionalism Committee. He is also an active volunteer in several of South Florida’s civic and charitable organizations, including Big Brothers/Big Sisters, 100 Black Men of South Florida, and the 5000 Role Models of Excellence Project. Judge Gayles is a graduate of Howard University and the George Washington University Law School.
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Hon. John Tuchi
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Hon. Neil Wake
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Hon. Robert Scola
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Irving Picard
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Jill Nicholson
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Kathy Bazoian PhelpsRaines Feldman LLP | Los Angeles, CAKathy Bazoian Phelps has been a lawyer since 1991 and is currently a partner at Raines Feldman LLP in the Los Angeles office. In addition to individually serving as a fiduciary in certain matters, Kathy practices in the area of insolvency law, fiduciary representation, and fraud litigation, where she represents federal equity and state court receivers and bankruptcy trustees. Kathy frequently serves as special litigation counsel for fiduciaries and interested parties in fraud-related litigation, cases arising out of receivership and bankruptcy as well as parallel criminal and civil forfeiture proceedings. She is particularly knowledgeable about the administration of Ponzi scheme cases and has extensive litigation experience in claims arising in these types of cases.
Kathy has lectured widely and written on bankruptcy and receivership matters, with a focus on Ponzi schemes. Her book entitled The Ponzi Book: A Legal Resource for Unraveling Ponzi Schemes, co-authored with Hon. Steven Rhodes, has garnered national and international attention as the authoritative work on Ponzi scheme law.
In addition to her roles as lawyer, speaker and author, Kathy also serves as a mediator and is currently on the mediation and arbitration rosters for the Financial Industry Regulatory Authority, as well as the Bankruptcy Mediation Panel for the Central District of California and the Bankruptcy Mediation Panel for the District of Arizona.
Kathy’s personal interests and accomplishments include extensive travel and the study of the Chinese Mandarin language.
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Ken Epstein
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Kevin DuffRachlis Duff & Peel, LLC | Chicago, ILKevin Duff begins his term as President of NAFER at the 2018 Annual Meeting. Mr. Duff is a member of Rachlis Duff Adler Peel & Kaplan, LLC, a commercial litigation law firm in Chicago, Illinois. He has trial and appellate experience in a variety of complex commercial litigation and receivership matters. Mr. Duff has significant experience in litigation involving Ponzi scheme and other similar illegal, illicit, fraudulent, and sham transactions, including pursuing a spectrum of remedies to recover money and other assets from defendants and third-parties in such circumstances. He serves as a receiver and receiver’s counsel in actions brought by the SEC, CFTC, and private litigants.
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Kristina Johnson
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Mark Conlan
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Melanie Damian (Producer)Damian & Valori, LLP | Culmo Trial Attorneys | Miami, FLMs. Damian represents public and private companies and individuals in a variety of complex business and securities litigation. She regularly serves as court-appointed Federal Equity Receiver, Special Monitor, and distribution Agent, and also serves as Receiver and Monitor in state court matters. Ms. Damian also serves as counsel to Receivers serving in both state and federal court. She counsels companies on corporate governance matters and serves as counsel to special litigation committees performing internal investigations in response to shareholder derivative demands. She also represents officers and directors in corporate and securities litigation matters, and various partners or members in closely held “business divorce” matters.
Ms. Damian is a Past Chair of the Business Law Section of The Florida Bar, President of the International Women’s Forum (IWF) Florida Chapter. And, current Chair of the NAFER Regulatory Outreach Committee. -
Michael RachlisMichael Rachlis is a founding partner in the firm of Rachlis Duff & Peel, LLC. He has experience in complex commercial litigation, including various types of contractual disputes, partnership and joint venture disputes, employment disputes, insurance coverage actions, intellectual property disputes, disputes involving a wide variety of the financial instruments and various areas of the financial industry, and a variety of land use questions. Mr. Rachlis has extensive experience representing receivers in federal equity receiverships. Many of these disputes in these areas involved seeking or defending against emergency, injunctive relief, and have been in state and federal courts, and alternate dispute resolution forums across the country.
Mr. Rachlis has been a guest speaker on advocacy issues in complex litigation and land use matters including but not limited to discussions at Northwestern University (School of Journalism), the Historic Preservation Graduate Program at the School of the Art Institute of Chicago, and at the Illinois Preservation Conferences. Mr. Rachlis spoke at the Law Seminars International Seminar on “Real Estate and Land Use Litigation” on obtaining relief in failed real estate transactions. Mr. Rachlis is also a previous speaker at NAFER’s Annual Conference. Mr. Rachlis has co-authored several op-ed pieces that have appeared in various publications such as Crain’s Chicago Busines, the Chicago Tribune and other publications.
Before establishing his current firm, Mr. Rachlis was an associate and partner with the boutique Chicago litigation firm of Hedlund Hanley & John. Prior to that, he practiced with Jones Day Reavis & Pogue.
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Neville Reid
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Peter Davis
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Richard FoelberCFTC, Office of Cooperative Enforcement | Washington, DCRichard Foelber currently holds the position of Chief of the Office of Cooperative Enforcement at the U.S. Commodity Futures Trading Commission. Mr. Foelber engages in joint prosecutions involving unlawful derivatives and securities practices with other federal and state criminal and civil agencies. In connection with these prosecutions, Mr. Foelber has served as lead trial counsel in CFTC civil prosecutions and as a Special Appointed Assistant U.S. Attorney in related federal criminal cases. Mr. Foelber previously served as Chief Trial Attorney in the CFTC’s Division of Enforcement and Counsel to the Chairman of the CFTC. He also served as a Special Counsel in the U.S. Senate where he worked on legislation reforming the laws governing the financial markets. Prior to joining the CFTC, Mr. Foelber engaged in financial litigation and appellate practice with a law firm in Chicago.
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Robert Mosier (Producer)Mosier & Company, Inc. | Costa Mesa, CARobert P. Mosier is President and Chief Executive Officer of Mosier & Company. His specialty since 1974 has been turnarounds and dissolutions. Total Court assignments exceed 600 cases in a variety of capacities ranging from President and CEO, Chief Responsible Officer, Receiver, Trustee, Examiner, Examiner with Expanded Powers, and Provisional Director. He has served as the Court’s own Referee, Special Master, and Expert Witness.
Mr. Mosier has also served as a court-approved President & CEO of two Chapter 11 Debtors. Mr. Mosier is also a frequent lecturer on the subject of Receivership and insolvency.
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Ron Greenspan
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Ron PetersonJenner & Block LLP | Chicago, ILRONALD R. PETERSON is a Partner in the law firm of Jenner & Block LLP in Chicago, Illinois. He concentrates his practice in the areas of commercial, insolvency and bankruptcy law. Mr. Peterson has presided over numerous complex commercial cases, including Stotler & Co., the country’s 10th largest commodities house, and Lancelot Investors Fund, L.P., a $1.7 billion Ponzi scheme. He is the Chairman of the Creditors’ Committee in Thomas J. Petters, a $3.5 billion Ponzi scheme. Mr. Peterson served as the examiner in the chapter 11 case of Robert Lund, a large real estate developer.
Mr. Peterson has been a member of the panel of Chapter 7 Trustees for the Northern District of Illinois, Eastern Division, since 1987. He is the immediate past President of the National Association of Bankruptcy Trustees.
Mr. Peterson is a fellow of the American College of Bankruptcy and a member of the American Bankruptcy Institute. He is a member of the Business Bankruptcy Committee of the Business Law Section and the Bankruptcy Litigation Committee of the Litigation Section of the American Bar Association. He is a member of the International Association of Restructuring, Insolvency & Bankruptcy Professionals and the Commercial Law League of America. In 2014, the Commercial Law League of America awarded Mr. Peterson the Lawrence P. King Award. -
Steve Bobo
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Terry Goddard
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Todd Ranta
2019 Annual Conference
Opportunity awaits you in beautiful Scottsdale, AZ where you will have the chance to interact with well-known receivers, their attorneys and other professionals, judges and regulators, to learn about cutting edge resources. Come early on Thursday to participate in the Fourth Quarter of the Receiver Training Camp, offered to new practitioners to the world of receivership. Stay through until Saturday afternoon when our panel of esteemed judges will address common topics from pre-appointment of a receiver through dismissal.
SPONSOR
This Annual Conference offers you an opportunity to engage with leading professionals by exhibiting your services and developing relationships with key decision makers. Your participation showcases your company’s commitment as a valuable business partner within our organization. We can’t have a successful conference without your key input and participation, so we’ve created multiple opportunities for contribution at every level.
CONFERENCE AGENDA
See the top-shelf education provided at the 2019 Annual Conference in the Conference Brochure.
Conference Materials
Conference materials are available via the Conference APP. NAFER Members may also access HERE.
Travel Discounts
NAFER is pleased to offer special flight discounts with Delta & United to all conference attendees.
Hotel Information
Our 8th Annual Conference will be held in the gorgeous Omni Montelucia Resort in Scottsdale, AZ. This picture-perfect getaway brings the essence of Spain to the heart of Arizona and offers luxurious accommodations, a world-class spa, Spanish-inspired cuisine, breathtaking Camelback Mountain views, all in a prime location near award-winning golf courses, shopping, recreation and nightlife.
Thank You to Our Sponsors
Diamond Sponsors
Platinum Sponsor
Gold Sponsor
App Sponsor
Receiver Training Camp Sponsor
Silver Sponsors
Name Badge Sponsor
Water Bottle Sponsor
Conference Bag Sponsor
WIFI Sponsor
Pocket Guide Sponsor
Key Card Sponsor
Bronze Sponsors
Emerald Sponsors
Young Professionals Happy Hour Sponsors
Hourly Schedule
Thursday October 17th
- 10:30am - 12:30pm
- In-Person Committee Meetings
- 1:00pm - 2:00pm
- RTC: The Fourth Quarter | Claim Administration
- NAFER’s finest will once again share their playbooks in this year’s fourth quarter version of the Receiver Training Camp. This program, designed to both introduce new practitioners to the world of receivers and also to provide insights to more seasoned receivers, will cover claims, distribution, and concluding a receivership. The panelists also will discuss approaches to claims allowance, notice, processing, and analysis, and delve into some of the thornier issues receivers encounter with claims processes. Our panel of experts will also discuss distribution planning, potential methodologies, and major challenges receivers may encounter with distribution plans. Finally, the panel will discuss planning, tips, checklists, and pitfalls for bringing a receivership to a successful conclusion. This is an educational opportunity you will not want to miss!
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Speakers:
Geoff Winkler (Producer), Kathy Bazoian Phelps, Kevin Duff, Melanie Damian (Producer), Ron Greenspan
- 2:30pm - 3:30pm
- RTC: The Fourth Quarter | Distribution Plans
- NAFER’s finest will once again share their playbooks in this year’s fourth quarter version of the Receiver Training Camp. This program, designed to both introduce new practitioners to the world of receivers and also to provide insights to more seasoned receivers, will cover claims, distribution, and concluding a receivership. The panelists also will discuss approaches to claims allowance, notice, processing, and analysis, and delve into some of the thornier issues receivers encounter with claims processes. Our panel of experts will also discuss distribution planning, potential methodologies, and major challenges receivers may encounter with distribution plans. Finally, the panel will discuss planning, tips, checklists, and pitfalls for bringing a receivership to a successful conclusion. This is an educational opportunity you will not want to miss!
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Speakers:
Geoff Winkler (Producer), Kathy Bazoian Phelps, Kevin Duff, Melanie Damian (Producer), Ron Greenspan
- 4:00pm - 5:00pm
- RTC: The Fourth Quarter | Closing the Case
- NAFER’s finest will once again share their playbooks in this year’s fourth quarter version of the Receiver Training Camp. This program, designed to both introduce new practitioners to the world of receivers and also to provide insights to more seasoned receivers, will cover claims, distribution, and concluding a receivership. The panelists also will discuss approaches to claims allowance, notice, processing, and analysis, and delve into some of the thornier issues receivers encounter with claims processes. Our panel of experts will also discuss distribution planning, potential methodologies, and major challenges receivers may encounter with distribution plans. Finally, the panel will discuss planning, tips, checklists, and pitfalls for bringing a receivership to a successful conclusion. This is an educational opportunity you will not want to miss!
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Speakers:
Geoff Winkler (Producer), Kathy Bazoian Phelps, Kevin Duff, Melanie Damian (Producer), Ron Greenspan
- 6:00pm - 7:30pm
- Welcome Reception
Friday October 18th
- 8:00am - 8:45am
- Breakfast
- 8:45am - 9:15am
- Opening Remarks
- 9:15am - 10:15am
- Can That Be Included Too? Expanding the Scope of the Receivership
- So you have your receivership estate, and may even have some “low hanging fruit” claims and hard assets to liquidate for creditors, but your “receiver sense” tells you that there are very questionable transactions, often undisclosed, that can be unraveled to augment your estate for the benefit of claimants. This panel will explore the theories and strategies that will help you do that. Our discussion will include an examination of the following tools: pursuing other persons or entities as “alter egos” of the debtor or wrongdoer; seeking to “substantively consolidate” other entities with the debtor; generally expanding the scope of the receivership to include other entities or persons; deconstructing multiple layers of corporate ownership to identify hidden assets or claims; pursuing successor or transferee liability against third parties; and seeking to recover assets from foreign entities that may have had questionable transactions with the debtor before the receivership. This promises to be an engaging, interesting and practical discussion for receivers.
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Speakers:
Byron Moldo, Jesus M. Suarez, Kristina Johnson, Neville Reid, Richard Foelber
- 11:00am - 12:00pm
- Good Cop/Bad Cop: Dealing with Law Enforcement
- This panel will focus on how a Receiver coordinates with Regulators and Law Enforcement from Day 1 and throughout the life of a Receivership. We will explore both examples of what has worked well and what practices to avoid. We will also discuss techniques for coordinating with Judicial Authorities internationally.
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Speakers:
Alan Buie, Christopher Davis, Ferdose al Taie, Gonzalo Zeballos, Todd Ranta
- 12:00pm - 12:30pm
- Lunch
- 12:30pm - 1:00pm
- Keynote Address – Part 1
- Terry Goddard
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Speakers:
Terry Goddard
- 1:00pm - 1:30pm
- Keynote Address – Part 2
- Q&A with Irving Picard
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Speakers:
Irving Picard
- 1:45pm - 2:45pm
- Get the Dirt on Real Estate Receiverships
- This panel will provide information and discuss multiple real estate topics that often create complex and involved questions and situations, and usually require thoughtful and creative approaches, procedures, and results. Universally, successfully managing and ultimately completing these elements of real estate receiverships requires an accumulated knowledge and familiarity with not only certain federal and state regulations, but also current and well-established real estate practices and tactics. EB-5 rescue capital: When an EB-5 investment fund project is troubled, the receiver often must balance completing a possibly unfeasible project with having investors losing their vehicle to obtain U.S. residency. Secured Claims: When administering a receivership estate for the benefit of all partiesin-interest, the receiver will likely confront the usually protected and priority claims of secured parties. Real Estate Sales: Selling receivership real estate assets requires skill and knowledge about valuing and marketing all types of property. It also requires having a well-developed understanding and knowledge of federal sale requirements, how to carefully create and conduct over bidding sessions, and, when needed, obtaining free and clear title. This panel will provide information and discuss multiple real estate topics that often create complex and involved questions and situations, and usually require thoughtful and creative approaches, procedures, and results. Universally, successfully managing and ultimately completing these elements of real estate receiverships requires an accumulated knowledge and familiarity with not only certain federal and state regulations, but also current and well-established real estate practices and tactics. EB-5 rescue capital: When an EB-5 investment fund project is troubled, the receiver often must balance completing a possibly unfeasible project with having investors losing their vehicle to obtain U.S. residency. Secured Claims: When administering a receivership estate for the benefit of all partiesin-interest, the receiver will likely confront the usually protected and priority claims of secured parties. Real Estate Sales: Selling receivership real estate assets requires skill and knowledge about valuing and marketing all types of property. It also requires having a well-developed understanding and knowledge of federal sale requirements, how to carefully create and conduct over bidding sessions, and, when needed, obtaining free and clear title. Nonregulatory Receiverships: A U.S. District Court is often a better forum than a local state court for a nonregulatory receivership because of established federal law and regulation. However, without an experienced plaintiff regulator, administering the receivership can include unexpected and sometimes difficult situations.
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Speakers:
Amy Longo, Beth Jo Zeitzer, Joshua del Castillo, Kenton Johnson (Producer), Mark Conlan
- 3:15pm - 4:15pm
- Complex Litigation Issues
- This panel will discuss complex litigation issues facing receivers including funding of litigation through mediation and litigation. First, we will cover recent developments and noteworthy cases pertaining to fraudulent transfer law. Among them, a receiver’s ability to recover unconventional assets such educational payments, taxes and fines paid by an insolvent party. Next, we will discuss receivership litigation funding and finding cost-effective ways to pursue the recovery of assets in receiverships with limited resources. The focus of our discussion will include commercial litigation funding, how the funding process works, the types of structures that may be available and important ethical and professional considerations. Lastly, we will discuss the important role that mediation and arbitration play in resolving receivership disputes. Specifically, when should a receiver consider mediation or arbitration as an option, when must a receiver arbitrate, and how a receiver can best prepare for the dispute resolution process.
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Speakers:
Hon. Steven Rhodes, Jill Nicholson, Ken Epstein, Michael Rachlis
- 5:30pm - 7:30pm
- Evening Reception
Saturday, October 19th
- 7:00am - 8:00am
- Breakfast
- 8:00am - 8:45am
- Member Meeting
- 9:00am - 10:00am
- A Closer Look at the Creditors and How to Deal with Them
- The panel will drill down on the details of some of the more difficult issues relating to claims in Federal equity receiverships. Because Federal District Courts have broad discretion over distribution schemes in equity receiverships, there are few absolutes regarding the treatment of claims and many variables to consider. The panel will answer the question who exactly is a victim? The panel will discuss whether or not different groups of creditors can and should be treated equally, including distinctions between victim creditors and non-victim creditors and whether to give priority to certain groups. Differing results in distinct factual settings will be considered, as well as whether such priority schemes could prompt more involuntary bankruptcy filings. Next the panel will explore the ramifications of the recent Fifth Circuit decision in the SEC v. Stanford, including its treatment of investor claims and the need to allow non-creditors the right to participate in the distribution from the estate. Offset and holdback issues will also be discussed. Finally, the panel will discuss account ownership and special issues presented in the Madoff case. These will include how to define the legal owner of the account and whether accounts with common beneficial ownership can and should be aggregated. How should claims buyers be treated - as account owners or as something else? Should distributions be made to feeder funds or only to the ultimate investors in them? The panel will include a discussion of unique issues in SIPC versus Federal equity receiverships.
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Speakers:
Irving Picard, JonMarc Buffa, Peter Davis, Ron Peterson, Steve Bobo
- 10:15am - 11:30am
- Judges Panel
- This panel will cover questions such as: What does the Court want to see in the candidate? What does the Judge expect from the receiver from the outset with a sharp focus on the generally hostile takeover of the business? How often does the Judge want to hear from the receiver at the outset of the case and as the case moves forward in time? Does the receiver have any “inherent” powers that do not need to be spelled out in the order, or is it best to have all actions of the receiver approved by the Court in advance? Under what conditions would the Court not grant the preliminary injunction? If the receiver is going to pursue litigation, should the receiver first get permission from the Court and will the matter be handled by the appointing Court? How often should the receiver come to the Court for approval of fees? Does the Court have an interest in sharply defining the duties of the receiver versus receiver’s counsel?
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Speakers:
Hon. Darrin Gayles, Hon. John Tuchi, Hon. Neil Wake, Hon. Robert Scola, Robert Mosier (Producer)
