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Guerra King

Our attorneys have served as court-appointed receivers or represented receivers appointed at the request of numerous regulators and enforcement agencies, including the Securities and Exchange Commission, Commodity Futures Trading Commission, Federal Trade Commission, Florida Office of Financial Regulation, and Florida Attorney General’s Office.

We find assets.  Our attorneys and other professionals have experience tracing, freezing, and seizing a wide variety of assets, ranging from bank accounts and real estate to more portable items like jewelry, precious metals, luxury automobiles, and cryptocurrencies.

We monetize assets.  Our attorneys and other professionals draw on their experience and extensive professional networks to monetize assets through private sales, auctions, or other creative solutions.  Many seized items trade on liquid markets or are otherwise desirable to potential purchasers, but state and federal enforcement agencies choose GK because our attorneys and other professionals have experience with unconventional assets, including niche operating companies, restricted shares, and undeveloped land.

We litigate.  Our attorneys are, first and foremost, litigators.  We have successfully prosecuted more than 100 ancillary receivership cases in state and federal courts.  We have recovered millions of dollars on behalf of receivership estates and, ultimately, defrauded investors.  We bring “clawback” claims in connection with Ponzi schemes and similar frauds but also scrutinize and, if necessary, sue those who aided and abetted the fraud, including accountants, lawyers, and other gatekeepers.

We understand.  Receivers are third-party fiduciaries that act as an arm of the appointing court.  As receivers or counsel to receivers, we independently evaluate the facts, but far too often, the facts indicate fraud – from timeshare resale scams to bogus limited partnership interests to promissory notes or other lending-based schemes.  Lost retirements are unfortunately not uncommon, but defendants also have due process rights.  We act quickly, decisively, and fairly to unwind frauds and to compensate creditors, including investors.

Representative Matters

  • Representation of a broker/dealer in an industry-wide action regarding the treatment of interest on advance bond refundings.
  • Defense of claims by a minority trade group association of a multimillion dollar claims asserting mishandling.
  • Defending a broker/dealer against multiple claims brought against the firm and a deceased registered representative.
  • Representation of a securities clearing firm against claims stemming from conduct by the introducing broker/dealer’s registered representative.
  • Prosecution of a manufacturer’s former senior executive in connection with the theft of trade secrets and certain corporate opportunities.
  • Defense of registered representatives and broker/dealers in contractual disputes after the termination of the registered representative.

Areas of Concentration

  • Securities and Financial Services Litigation
  • Non-compete & Raiding Litigation
  • Partnership Disputes
  • Class Action Litigation