Understanding Fraudulent Misrepresentations, Transfers & Voidable Transactions - 2019

Originally presented August 6, 2019

Business and real estate transactions are susceptible to fraud and fraudulently inducement.  The value of property may be overstated.  Investment promoters, developers or others seeking debt or equity financing may overstate their industry expertise or financial capacity.  Concerns about various forms of liability may be shaded to the point of outright misrepresentation. Identifying these risks in due diligence and drafting protective provisions into the underlying documents of the transaction – or spotting red flags after the deal has closed – are essential to protecting client interests.  This program will provide you with a real-world guide to the circumstances in which fraud most frequently occurs, the most important elements of investigatory due diligence, and practical preventive measures to combat fraud.

• Transactions and common fact patterns where fraud is most commonly seen
• Types of fraud – actual fraud v. fraudulent inducements, civil v. criminal
• Due diligence questions depending on the type of transaction 
• Review of common types of fraud – valuation, overstating financial capacity 
• Opportunities and limits of investigatory diligence 
• Preventive measures to mitigate the risk of fraud in transactions

Speaker: Craig B. Kravit, Vision International, LLC

NOTE: This program was originally produced as a telephone seminar and is available on demand in streaming audio. This material qualifies for self-study credit only. Pursuant to Regulation 15.04.5, a lawyer may receive up to six hours of self-study credit in a reporting year. Self-study programs do not qualify for ethics or elimination of bias credit.