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Ponzi Scheme Trustee vs Receiver difference?

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DCal430

Diamond Member
Feb 12, 2011
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I was hoping someone could tell me the difference. I notice that some Ponzi schemes after shutting down have a trustee that manages them, while other have a receiver. What is the difference?
 

Jeeebus

Diamond Member
Aug 29, 2006
9,181
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A trustee is generally appointed in bankruptcy cases. A receiver has similar powers and can be appointed in civil litigation cases upon motion and approval by a judge.
 

DCal430

Diamond Member
Feb 12, 2011
6,020
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Ok, thanks.

I have another Ponzi question. If you are a net winner and are now subject to a clawback lawsuit by a trustee or receiver, can you use the fact that you didn't know it was a scam, and that you honestly believed your earnings were legitimate as a defense?
 

who?

Platinum Member
Sep 1, 2012
2,327
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Ok, thanks.

I have another Ponzi question. If you are a net winner and are now subject to a clawback lawsuit by a trustee or receiver, can you use the fact that you didn't know it was a scam, and that you honestly believed your earnings were legitimate as a defense?
Apparently you can.http://www.law360.com/articles/536943/judge-paves-way-for-end-of-madoff-trustee-s-clawback-suits
Apparently many states will not refund the taxes you paid on the phony earnings from very far back.
 

alkemyst

No Lifer
Feb 13, 2001
83,769
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Ok, thanks.

I have another Ponzi question. If you are a net winner and are now subject to a clawback lawsuit by a trustee or receiver, can you use the fact that you didn't know it was a scam, and that you honestly believed your earnings were legitimate as a defense?

It sounds like you know more than you are leading on too here.

*blink blink* defenses do work if that is what you are asking.

Most want to stick it to the wealthier person.
 
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