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May 4, 2010 – Law.com

Scott Rothstein ran what appeared to be a wildly successful law firm but turned out to be a  $1.2 billion Ponzi scheme. Prosecutors asked District Judge James Cohn to execute a vast forfeiture plan last month seeking ill-gotten gains in the form of cash, real estate, and other goods. Meanwhile, the lawyers for Herbert Stettin, the Trustee overseeing the estate of Rosenfeldt Adler (Rothstein’s law firm) feel the Government’s reach is too broad and that something should be left over for their client to administer. “I know the intersection of federal forfeiture law and federal bankruptcy law is a treacherous one,” said Paul Singerman, the Berger Singerman partner heading the trustee’s legal team. He said forfeiture laws were designed to take race cars away from drug dealers, but “this is not that type of case.” Not so long ago, prosecutors put the bad guys away, and bankruptcy attorneys and receivers recovered money for fraud victims. But the Justice Department has expanded its mission in the past decade, and the federal docket is littered with actions such as U.S. v. One Ancient Egyptian Wooden Sarcophagus or U.S. v. $13.9 million from Wachovia.  When asked whether any money will be left, once prosecutors are done with claims from fraud victims, to pay creditors of the firm, Singerman responded, “We absolutely believe there will be.” Right now, however, not a lot of money has been recovered on the bankruptcy end. Singerman told U.S Bankruptcy Judge Raymond B. Ray in April that only about $3 million has been recovered by the trustee. What makes Singerman so optimistic, however, is negotiations with bankruptcy litigation targets, such as Banyon Income Fund, which claims a $775 million investment in Rothstein’s fake settlement financing scheme, and attorneys at the firm who received bonuses or loans. Singerman has told Ray that a settlement with a major player is forthcoming, and Banyon would be a juicy target. Stettin might be looking for any money Banyon received back from the Ponzi scheme, Tew said, but the Fort Lauderdale investment company reportedly lost $300 million and positioned itself as the leading creditor. << Read the Full Story >>