Successful Defense of Businessman Against Ponzi Scheme Allegations
Former nightclub owner
Defense of former nightclub owner against claims made by Chapter 7 trustee for the bankruptcy estate of Kenneth Ira Starr, Starr & Company, and Starr investment Advisors, LLC. The claims sought to recover $5.12 million of allegedly fraudulent transfers made by Starr consisting of a $4 million settlement payment and payroll and other expenses. We moved to dismiss the suit on numerous grounds, including that Starr had received fair value from the settlement payment and that the additional amounts were traceable to the nightclub's payroll and thus could not be recovered from an innocent employee of a legitimate business as a secondary transferee. The motion to dismiss was granted without leave to re-plead in a reported opinion.
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