A Florida bankruptcy judge preliminarily approved an $8 million settlement resolving Banco Santos’ racketeering and fraud claims against Espirito Santo Bank. Fla. Judge OKs Espírito Santo’s $8M Deal With Bankrupt Bank Open In the News Open December 23, 2014 2 minutes read Sequor Law By Carolina Bolado A Florida bankruptcy judge on Tuesday indicated that she would sign off on an $8 million settlement ending bankrupt Brazilian bank Banco Santos SA’s racketeering and tort suit against Portugal-based Espirito Santo Bank. In a hearing in Miami, U.S. Bankruptcy Judge Laurel Isicoff said she would sign off on an order preliminarily approving a deal that resolves a suit filed by Banco Santos’ court-appointed administrator, Vanio Cesar Pickler Aguiar, claiming the bank lost $38.7 million through ESB’s fraud and money laundering. The judge noted that there were no objections filed to the settlement agreement and urged the attorneys to get the order in quickly so that she could sign off on it before the holiday break. In the adversary proceeding, filed in December 2013, Aguiar claims that ESB diverted millions in Banco Santos’ assets through various corporate entities to Florida, from which they were transferred offshore and laundered, according to the complaint. In the suit, Aguiar requested not just the $38.7 million the bank allegedly lost, but also treble damages of $116 million. ESB rebuts all of the claims in the complaint. Banco Santos was ordered into a court-supervised liquidation by the Second Bankruptcy and Judicial Reorganization Court of Sao Paulo in September 2005. Aguiar filed a Chapter 15 petition in December 2010 in the Southern District of Florida listing $500 million to $1 billion in assets and more than $1 billion in liabilities. The Espirito Santo group, which traces to a storied Portuguese banking family, saw four of its companies file for creditor protection in July after a central bank audit two months earlier had turned up accounting irregularities at Espirito Santo International SA, the group’s holding company. The Portuguese central bank in August unveiled a plan to split up BES, the country’s second-largest lender, under a rescue plan backed by €4.9 billion ($6.4 billion) in state money after the bank failed to weather losses on its exposure to the Espirito Santo group. Authorities in several countries are investigating the dealings of the Espirito Santo empire. Switzerland’s financial regulator said in September that it is looking into the distribution of financial products by a Swiss bank, Banque Privee Espirito Santo SA, which is tied to the Espirito Santo group. Aguiar is represented by Edward H. Davis Jr. , Gregory S. Grossman , Arnoldo B. Lacayo and Nyana A. Miller of Astigarraga Davis . ESB is represented by Samuel J. Capuano and Gary M. Freedman of Tabas Freedman . The adversary proceeding is Aguiar v. Espirito Santo Bank, case number 1:13-ap-01934, in the U.S. Bankruptcy Court for the Southern District of Florida. The bankruptcy is In re: Banco Santos SA, case number 1:10-bk-47543, in the U.S. Bankruptcy Court for the Southern District of Florida. Click to view full article. Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open Attorney Spotlight May 19, 2026 1 minute read Attorney Spotlight – Get to Know Noah Rosenblum 1. What inspired you to pursue a law career? I was drawn to law because I've always enjoyed solving complicated problems and thinking.. Attorney Spotlight May 9, 2026 2 minutes read Attorney Spotlight – Get to Know Michael Hanlon 1. What inspired you to pursue a law career? I was less drawn to law in the abstract and more.. Firm News Apr 11, 2026 2 minutes read Sequor Law Celebrates National Pet Day with Continued Support of Paws4You Rescue In recognition of National Pet Day, Sequor Law is proud to continue its support of Paws4You Rescue, a Miami-based nonprofit... Attorney Spotlight Jan 29, 2026 2 minutes read Attorney Spotlight – Get to Know Alain M. Acanda 1. What inspired you to pursue a law career? I was inspired to pursue a career in the law after having negative experiences with the law as.

Sequor Law's Edward H. Davis Jr. wins a $22 million civil theft judgment for Venezuelan finance company All Factoring after Miami businessman Luis Wolkowiez wrongfully misappropriated $8.6 million. Miami Lawyer Wins $22M Judgment for Venezuelan Company Over Civil Theft Open In the News Open January 23, 2019 3 minutes read Sequor Law Edward H. Davis Jr. of Sequor Law argued that Miami businessman Luis Wolkowiez stole $8.6 million from Venezuelan finance company All Factoring, and the court agreed. By Raychel Lean Edward H. Davis Jr. of Sequor Law in Miami landed a $22 million judgment for a South American finance company after the court found that Venezuelan businessman Luis Wolkowiez had wrongly taken money from it — allegedly to settle a debt a Miami resident owed him. But Miami-Dade Circuit Judge Pedro P. Echarte didn’t buy that explanation, branding Wolkowiez’s actions civil theft. The international fraud case arrived in Miami-Dade Circuit Court in April 2013, with All Factoring de Venezuela, a finance company that helps businesses with cash flow problems, reporting a monetary predicament of its own. The company lawyered up after losing 130 million Venezuelan bolivars to Wolkowiez and his company, Inversiones 01590 C.A. in December 2012. According to Davis, that loss equaled about $8.6 million at the time, but as of Jan. 7, it was worth only $2.30 because of skyrocketing inflation in Venezuela. The case involved a short-term loan agreement between All Factoring and Miami resident Jorge Reyes, a broker for Atmosphere Fund. All Factoring sells invoices from manufacturing companies and other businesses to outside parties, helping clients get quick cash to pay bills and profiting from the difference. Under its deal with Reyes, All Factoring sent more than 234 million bolivars to a bank account for which Wolkowiez was custodian. The money was supposed to have remained in that account for less than 30 days, before it was returned in the currency of All Factoring’s choosing — dollars — to the tune of $15.5 million. Both parties canceled the contract, realizing that it would take longer than 30 days to repay, and agreed to a refund. ‘That’s Insane’ Wolkowiez, as custodian, gave back about $6.9 million but kept the remaining $8.6 million because Reyes, a broker, allegedly owed him money from another deal. It was an argument that Davis found hard to grasp. “Just because some other guy owes you money, you can’t take some total stranger’s money and pay yourself back,” Davis said. “That’s insane.” Davis wasn’t alone in his confusion, as the court found that Wolkowiez’s testimony was “not at all credible,” meaning Reyes may never have even owed him any money. Reyes was not to blame, according to the judgment, having only repeated what Wolkowiez had told him — not knowing it was a false promise. Reyes, who appeared pro se, and Wolkowiez’s lawyer, Coral Gables attorney Robert M. Miller , did not respond to requests for comment before deadline. The loss hit All Factoring hard, according to the judgment — causing it to lose credibility, lay off employees and fail to pay certain clients, one of whom committed suicide after losing money. The original complaint alleged unjust enrichment, conversion, civil theft and fraudulent misrepresentation, and made claims against several more defendants that were eventually dismissed or sent into bankruptcy court. The case landed in Miami because it involved several Miami residents, including Reyes and Wolkowiez, who handled all the negotiations from Miami. There was one defendant who got away, according to Davis — Colombian broker Ricardo Ripepi. “We sued him but we couldn’t find him,” Davis said. Tracking down defendants was the toughest part of the litigation for Davis, who said it took two years of trying before serving one defendant at an airport in Spain. Gathering evidence from Latin American countries also meant extra time and money spent translating videos, phone calls and documents. Davis has asked for more than $1.4 million in attorney fees and costs, and the defense has until Friday to oppose before the court will rule. To view full article, click here . Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open Attorney Spotlight May 19, 2026 1 minute read Attorney Spotlight – Get to Know Noah Rosenblum 1. What inspired you to pursue a law career? I was drawn to law because I've always enjoyed solving complicated problems and thinking.. Attorney Spotlight May 9, 2026 2 minutes read Attorney Spotlight – Get to Know Michael Hanlon 1. What inspired you to pursue a law career? I was less drawn to law in the abstract and more.. Firm News Apr 11, 2026 2 minutes read Sequor Law Celebrates National Pet Day with Continued Support of Paws4You Rescue In recognition of National Pet Day, Sequor Law is proud to continue its support of Paws4You Rescue, a Miami-based nonprofit... Attorney Spotlight Jan 29, 2026 2 minutes read Attorney Spotlight – Get to Know Alain M. Acanda 1. What inspired you to pursue a law career? I was inspired to pursue a career in the law after having negative experiences with the law as.

Sequor Law announces partners Leyza B. Florin and Fernando Menendez joining the firm, marking significant growth for the firm founded just a year ago. Meet Our Newest Partners Open Firm News Open June 4, 2018 1 minute read Sequor Law Leyza B. Florin and Fernando Menendez have joined the Sequor Law team as partners, representing a significant expansion for the firm, founded just one year ago.  “The firm not only gains two outstanding lawyers with years of experience in insolvency, restructuring and commercial litigation, but their bilingual and multicultural heritage will add to the growth of our market leadership in international asset recovery and cross-border insolvency.” -- Ed Davis , Sequor Law Founding Shareholder Leyza B. Florin Leyza will focus her practice on a wide range of litigation and insolvency matters, including debt restructuring and representation of creditors, with special emphasis on complex business bankruptcy and commercial litigation matters. She is also a Florida Supreme Court Certified Civil Mediator. Fernando Menendez Fernando will focus his practice on a broad range of insolvency-related matters, including complex workouts, bankruptcy litigation involving preferences, fraudulent transfers, and complex contested matters, creditors’ rights and remedies, as well as the representation of foreign and domestic court-appointed trustees. Leyza remarked, “We are so pleased to be able to bring our practice to Sequor Law, a highly acclaimed international firm. We have known several of the lawyers at Sequor Law professionally for years and have long admired their practice. We have shared values and a common vision to render world-class legal services from a highly specialized and client-focused platform.” Greg Grossman , a Sequor Law founding Shareholder added: “Leyza and Fernando’s work ethic, tenacity and thought leadership epitomize the motto of Sequor Law: Relentless. Global. Pursuit.” We invite you to learn more about our two newest additions, as well as our entire Sequor Law team, at SequorLaw.com . Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open Attorney Spotlight May 19, 2026 1 minute read Attorney Spotlight – Get to Know Noah Rosenblum 1. What inspired you to pursue a law career? I was drawn to law because I've always enjoyed solving complicated problems and thinking.. Attorney Spotlight May 9, 2026 2 minutes read Attorney Spotlight – Get to Know Michael Hanlon 1. What inspired you to pursue a law career? I was less drawn to law in the abstract and more.. Firm News Apr 11, 2026 2 minutes read Sequor Law Celebrates National Pet Day with Continued Support of Paws4You Rescue In recognition of National Pet Day, Sequor Law is proud to continue its support of Paws4You Rescue, a Miami-based nonprofit... Attorney Spotlight Jan 29, 2026 2 minutes read Attorney Spotlight – Get to Know Alain M. Acanda 1. What inspired you to pursue a law career? I was inspired to pursue a career in the law after having negative experiences with the law as.

Sequor Law's Arnoldo Lacayo, Daniel Coyle, and Alejandro Anselmi explore how traditional asset recovery instruments can be adapted to trace and recover cryptocurrency assets globally. Global: An Introduction to Asset Tracing & Recovery (Law Firms) Open Legal Insights Open August 10, 2021 11 minutes read Sequor Law By Arnoldo B. Lacayo , Daniel M. Coyle , Alejandro Anselmi Facing the Cryptocurrency Challenge With Existing Asset Recovery Instruments: Give Us the Tools and We Will Finish the Job The coronavirus pandemic has caused extreme damage between 2020 and 2021. The human toll itself is staggering: the United States recently surpassed six hundred thousand COVID-19 deaths. In other parts of the world, 1.2 million lives lost across Europe, over 500,000 in South-East Asia, and more than 100,000 in Africa have contributed to an approximate worldwide total of over 4 million deaths since the beginning of the pandemic. Moreover, the genesis of new variants on different continents threatens the amazing progress made on the development of vaccines and the mass distribution of these scientific wonders throughout the world’s populations. Even though healthcare workers, medical practitioners, and the scientific community must be praised for facing the viral threat in several hundred million infections and engineering at least six different vaccines to combat a novel virus, the community of legal practitioners has addressed the secondary effects of the world’s shut-down: battered economies and economic sectors and increased opportunities for fraudulent practices. This article will endeavour to provide a bird’s eye view of two of the most significant challenges that have emerged from the changed landscape of the post-COVID world economy: the growing ubiquity of cryptocurrencies and corresponding opportunities for their misuse. However, considering that the impacts of the catastrophes the world experienced in 2020 and 2021 are still playing out today, the consequences of economic contraction and recovery and the role of cryptocurrencies for U.S.-based legal practitioners are anything but clear and will depend largely on the motivations of a wide array of actors, ranging from federal and state governments, the ordinary consumer, and potential fraudsters seeking opportunities from the uncertainties of a changed world. Insolvencies and Stock Market Disappointments in Early 2020 Benefitted Cryptocurrencies The economic crisis spurred by the shutdowns in 2020 abruptly ended the longest economic expansion in U.S. history, which had been ongoing since the passing of the Emergency Economic Stabilization Act of 2008 and the American Recovery and Reinvestment Act of 2009. As a result, public company bankruptcy filings reached their highest level in the past decade, with corporations in the service and oil and gas industries leading the drive in these numbers. Moreover, given the dive in stock prices during March 2020, investors of all kinds flocked to the cryptocurrency market, while banks, money managers, and other financial entities more readily embraced digital assets like cryptocurrencies. Despite the astounding rebound in the stock market by December 2020, to say nothing about the elemental disconnect between success stories on Wall Street and the pain felt by most on Main Street, digital currencies like Bitcoin and Ether saw their value exponentially increased, 300% and 470% respectively. These sharp increases in value, albeit unstable, further incentivized the use of these virtual currencies for everything from purchasing a sandwich at Subway and for more nefarious purposes, like facilitating ransomware payments, scamming and defrauding amateur investors, money laundering, financing terrorism, or drug trafficking on the dark web. International asset recovery and insolvency practitioners must study these trends and develop effective strategies to better serve their clients and help combat fraudulent practices worldwide. However, considering that traditional cash assets were already highly mobile, the decentralized nature of many cryptocurrencies facilitating the unregulated movement of these at even larger scales will make the illegitimately achieved gains from criminal enterprises or fraudulent transfers exponentially more difficult to find and recover. Typically, the victims of fraudulent transfers or other criminal enterprises that succeed in recovering their lost assets depend on both the ability of asset recovery practitioners to analyse, identify, and attach stolen assets within existing legal frameworks in disparate jurisdictions where scammers and fraudsters decide to hold or hide their ill-gotten gains. As has become well known, the biggest challenge for insolvency and asset recovery lawyers in cases involving digital assets like cryptocurrencies involves the dual challenge of discovering where these assets may be hidden, plus the second challenge of deploying either untested or poorly adapted legal mechanisms available throughout the world to freeze these assets. The Cryptocurrency Angle: Still Relatively New, But Already Wreaking Havoc Currently, many regulations acting on the exchange and use of cryptocurrencies are found at the state level. Some states, like Wyoming, have moved to facilitate the use and transaction of digital assets. For instance, the Wyoming legislature created a new type of “bank” that will serve businesses by allowing investors to deposit their digital assets. Other states have exempted cryptocurrencies from state securities laws and accepted the payment of taxes in cryptocurrency. Other jurisdictions remain apprehensive about the use of digital currencies and have either altogether prohibited the use of cryptocurrencies when paying for government services or simply warned their citizens about the risks of investing in cryptocurrency. The federal government in the United States has yet to comprehensively address the regulation of cryptocurrency, despite apparent recognition that embracing cryptocurrencies will prove important for the nation’s future infrastructure and its role in the vanguard of the market’s development worldwide. On one hand, apprehension or unwillingness to act on cryptocurrencies is best illustrated by the Securities Exchange Commission’s (“SEC”) recent announcement that it will not address virtual currency regulation in the short term despite their meteoric rise in value and transactions. On the other hand, the Anti-Money Laundering Act of 2020 (“AML Act”) made several changes to the Bank Secrecy Act (“BSA”), through which it modified the BSA’s definitions to encompass regulation of cryptocurrency and other digital assets. The AML Act achieved these modifications by referring to cryptocurrency and digital assets as “value that substitute for currency or funds,” perhaps to cast as wide a net as possible in recognition of the highly fungible nature of the market for digital assets and cryptocurrency. Similarly, administrative action through federal agencies, like the Treasury Department’s Financial Crimes Enforcement Network (“FinCEN”), has resulted in proposed rulemaking in 2020 and 2021. For instance, FinCEN’s proposed regulation, pursuant to the aims of the BSA, seeks to establish requirements for banks and money services businesses transacting virtual currencies and other digital assets with legal tender status. New requirements under the proposed regulation would demand banks and money service businesses to submit reports, maintain records, and verify the identities of customers involved in transactions of virtual currencies and digital assets. However, FinCEN’s proposed regulation has not yet cleared the requisite administrative procedures to come into force. Meanwhile, the U.S. House of Representatives approved a bipartisan effort to legislate digital assets. If approved by the Senate and signed by the President, the Eliminate Barriers to Innovation Act of 2021 would establish a working group, composed of members of the SEC and the Commodity Futures Trading Commission (“CFTC”), tasked with facilitating collaboration between the government and the private sector and clarifying when the SEC has jurisdiction over digital assets as securities or when the CFTC would have authority when digital assets are categorized as commodities. Nonetheless, some policymakers worry that suddenly promoting too much regulation will eliminate incentives for investors and consumers to develop the market. In the meantime, what was once a trickle of queries and consultations for asset recovery specialists relating to losses associated with digital assets (or where ill-gotten gains may have been converted into digital assets) has grown to a steady stream and portends to grow even further. To be sure, for some victims the losses are material and are causing real financial pain and damage. What Can Courts and Practitioners Do? Mechanisms to recover digital currencies are limited because of the very nature of cryptocurrencies. Digital currencies were created with the singular purpose of avoiding the influence of any central or official authority. For instance, cryptocurrencies are designed as a peer-to-peer electronic cash system. Cryptocurrency traders on decentralized exchanges benefit from the lack of an official entity that regulates all digital currency transactions because there is no need to confirm the credentials of other traders with a payment processor when conducting a transaction. On decentralized platforms, only a particular owner may access and dispose of their digital asset because no central authority exists that can exercise control over a particular cryptocurrency wallet to preserve or help recover ill-gotten proceeds. Meanwhile, cryptocurrency wallets hosted on centralized exchanges may be subject to government regulatory oversight, requiring wallet owners to provide identifying information. Public addresses, the equivalent of bank accounts in the digital currency world, can only be accessed and controlled by private keys linked to that address. As long as the owner of the cryptocurrency maintains their private key secret, no one and no governmental authority is able to access their funds, even in official proceedings. Consequently, the only way to access funds that have been converted into crypto assets is to gain access to the owner’s digital asset wallet with a private key. The U.S. Federal Trade Commission (“FTC”) reports that the allure of increased anonymity in cryptocurrency transactions (as opposed to traditional cash deals) has led to a rise in scams since October 2020. According to the FTC, approximately 7,000 people have reported losses totalling more than $80 million, nearly twelve times the number of reported cases in 2019. Another increasingly popular tool in the repertoire of fraudsters and online criminals that have adopted cryptocurrency is the utilization of ransomware attacks against companies and institutions with weak IT systems. Cybersecurity has become more difficult to maintain during the coronavirus pandemic because many workers are working from home, using personal internet connections to access delicate institutional mainframes. Coupled with the benefits of decentralized digital currencies, cybercriminals are more easily able to attack weak security systems and evade law enforcement and other financial regulations when they demand payment in cryptocurrency, providing a blueprint for white-collar criminals seeking to hide assets including during and after judicial proceedings. The Colonial Pipeline ransomware attack during May 2021 was a wakeup call for both cybercriminals and asset recovery practitioners. After Colonial paid $4.4 million in Bitcoin, the Department of Justice was able to trace the ransom money through blockchain analysis. The FBI was able to recover approximately $2.3 million of the original payment, demonstrating to the legal community that it is possible to recover assets criminally taken, even if in cryptocurrency form. Nonetheless, while clearly a victory for law enforcement, it still presents a challenge for asset recovery specialists practising primarily through civil process. It is still unclear precisely how the FBI was able to retrieve the funds from the cryptocurrency wallet containing them because the government has not revealed how it was able to obtain the private key. In private civil proceedings, insolvency and asset recovery lawyers dealing with fraudulent transfers likely will not have the international cooperation, technical resources or subpoena power available to the FBI to quickly uncover information or to freeze the cryptocurrency, much less to access cryptocurrency wallets to obtain an injunction or once a court order or judgment against fraudulent transferors has been issued. At the pre-trial stage, asset recovery efforts face two significant challenges. First, cryptocurrency wallets on decentralized exchanges are identified only by the public address and there is no way to discover the identity of the owner of the wallet unless the exchange is required to—and does—maintain “Know Your Customer” information. Therefore, those seeking to recover stolen assets converted into digital currency and “hidden” must first conduct blockchain analysis, like the DOJ’s Ransomware and Digital Extortion Task Force efforts during the Colonial Pipeline investigation. A blockchain analysis involves reviewing the public ledger, where all cryptocurrency exchanges are recorded, to trace the transactions of the ransom payment and subsequent transactions the fraudsters use to attempt to secrete the digital assets that are the proceeds of the fraud or theft. The analysis identifies suspicious transactions that are linked with the fraudster’s attempts to disguise the flow of the cryptocurrencies. This step might prove costly for some practitioners who might not have in-house access to the necessary quality of cyber and forensics teams available to the government, forcing some practitioners dealing with a cryptocurrency hunt to outsource blockchain investigations to third-party commercial entities. Further complicating issues for international asset recovery practitioners there is a stark absence of internationally recognized rules governing the collection and handling of digital evidence. This greatly benefits cyber-criminals and fraudsters because the speed with which private asset recovery specialists and law enforcement are able to trace and gather required evidence to litigate or prosecute (as opposed to simply recovering ransom pay, like in the Colonial Pipeline situation) is likely to be slower than criminals and debtors can move and hide their assets. This is especially true given that cryptocurrency is truly global in nature, and cross-border asset recovery is dependent upon principles of comity where domestication/recognition of non-final orders may be non-existent and domestication/recognition of final orders is time-consuming and expensive. However, as with other asset recovery efforts, not all hope is lost when confronted with a sophisticated fraudster or criminal. The key thing is to identify the institutions and entities that can be compelled to produce evidence, which will allow for the trace or forensic review. This is where knowledgeable professionals and courts can assist victims seeking to uncover and recover digital assets. Second, ensuring that a court preserves its jurisdiction over a defendant (i.e., preventing flight or further transfer and secreting of assets) and avoiding judgment-proofing tactics through unmonitored transactions presents a wholly different set of challenges for practitioners. Luckily, insolvency and asset recovery specialists can seek preliminary injunctive relief to prevent debtors from judgment-proofing tactics by inhibiting the movement of assets or can seek equitable remedies such as the naming of a trustee, receiver, or other disinterested third-party office holder to take control of a vehicle used to hold an asset or perpetuate a fraud. Additionally, courts can issue different kinds of orders, like various injunctions, worldwide freezing orders, and Spartacus orders, which can help prevent wrongdoers from further transacting ill-gotten gains. Furthermore, the availability of these judicial tools largely depends on applicable law, which is an issue further complicated by the nature of digital assets, which makes it so that victims of cyber-criminals have a more limited ability to prevent an absconding defendant from secreting the digital assets beyond the jurisdiction with the most effective legal tools. Perhaps this area most strongly requires an international effort to recognize cross-border asset recovery operations involving cryptocurrencies. A legislative approach like the Model Law on Cross-Border Insolvency (UNCITRAL), which has promoted a coordinated legal regime that facilitates cooperation between nations in international insolvency cases, may be what is required to afford victims and asset recovery practitioners an effective way to tackle the novel practicalities of dealing with digital currency recoveries. At the post-judgment stage, some of the instruments to recover stolen cryptocurrency assets (or those converted into digital currencies) are writs of execution, replevin, and levy as well as in personam orders compelling individuals to act with certain assets under pain of contempt However, while these tools may be powerful to recover properties and enforce money judgments, these mechanisms are difficult to use where judgment creditors are not in possession of private keys necessary to access cryptocurrency wallets or where the debtor has absconded the court’s jurisdiction with digital assets and the private keys to access them. Even where judgment debtors are threatened with contempt of court for failure to comply with judicial orders, judgment debtors fleeing U.S. jurisdictions with large amounts of digital assets may not be sufficiently motivated to comply given the ease with which they can easily move, transfer, and otherwise hide their digital wealth abroad. Amendment of statutory provisions and tools for post-judgment recovery to better address crypto-assets must be considered in the immediate future. The Uncertainties of the Mission Require Even More Preparation While it appears that cryptocurrencies are here to stay, providing bona fide investment opportunities to professional and amateur traders alike, as well as a regulation and law enforcement evasion tool for cybercriminals, their stability and value in the long run remains uncertain. In late May 2021, a widespread cryptocurrency crash eliminated approximately $1 trillion in market value, with Bitcoin losing close to 30% of its value. The causes of the crash, statements from Tesla’s CEO Elon Musk and crackdowns in China over use of digital currencies, strongly suggest that the market remains exceedingly sensitive to pop-culture and regulatory influences. While cryptocurrencies have increasingly become more mainstream, they are still relegated to the edges of financial systems because they are still not widely accepted as legal tender and are limited to private transactions between individuals online. However, more and more nation-states and municipalities are voicing openness to potentially accepting these digital currencies for official business. Whether cryptocurrencies will become the main form of payment for all transactions in the future is an altogether different question that remains to be comprehensively answered and may also depend on the environmental impact of the mining of cryptocurrency, which is notoriously energy-intensive. However, that does not mean that insolvency and asset recovery practitioners can afford to wait for the question to be settled. Given the current trends seen regarding the prevalence of cybercrime and its preferred method of payment, lawyers at the vanguard of fraud and cross-border asset recovery must contribute to the development of judicial tools and legislative frameworks that promote international cooperation and facilitate digital asset recovery. Developing these tools will allow the law and the courts to modernize with the times, placing cyber-crime victims, creditors, and practitioners on equal footing with online criminals, debtors, and the Internet. To see the original article, click here . Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open Attorney Spotlight May 19, 2026 1 minute read Attorney Spotlight – Get to Know Noah Rosenblum 1. What inspired you to pursue a law career? I was drawn to law because I've always enjoyed solving complicated problems and thinking.. Attorney Spotlight May 9, 2026 2 minutes read Attorney Spotlight – Get to Know Michael Hanlon 1. What inspired you to pursue a law career? I was less drawn to law in the abstract and more.. Firm News Apr 11, 2026 2 minutes read Sequor Law Celebrates National Pet Day with Continued Support of Paws4You Rescue In recognition of National Pet Day, Sequor Law is proud to continue its support of Paws4You Rescue, a Miami-based nonprofit... Attorney Spotlight Jan 29, 2026 2 minutes read Attorney Spotlight – Get to Know Alain M. Acanda 1. What inspired you to pursue a law career? I was inspired to pursue a career in the law after having negative experiences with the law as.

Sequor Law has become Miami's go-to firm for Brazilian Chapter 15 cases, handling cross-border insolvency, asset recovery, and fraud investigations for Brazilian companies and institutions. Miami’s Specialist in Brazilian Chapter 15 Cases Open Legal Insights Open January 6, 2020 3 minutes read Sequor Law By Kirk O’Neil When the foreign representative of defunct Brazilian limestone mining company Brasagro Fertilizantes Minerais Ltda. in October sought to investigate and recover alleged improper transfers of the company’s assets to the U.S., its advisers made a popular choice for the firm to handle the needed Chapter 15 petition: Miami-based Sequor Law PA. Sequor also in October handled a Chapter 15 petition for Brazilian media company Minuano Comunicações e Produções Editorias Ltda., which sought recognition of its involuntary insolvency case in Brazil as it worked to recover assets that might have been diverted to banks in Miami and New York. The fledgling law firm, which former shareholders of Astigarraga Davis Mullins & Grossman PA formed in April 2017 after that firm split in two, has quickly grown into the favored counsel of many Brazilian companies, financial institutions, sovereign entities and state-owned enterprises seeking representation for insolvency, financial services litigation, financial fraud and asset recovery. Sequor, which on its website says its name in Latin means “to pursue, to chase, to attain,” has been involved in 13 Brazilian insolvency cases since 2017, according to shareholder Leyza B. Florin . About 60% of Sequor’s total business focuses on Chapter 15 cases, and 80% of those filings are for Brazilian insolvency cases, said Blanco, who joined the firm in June 2018 from Orlando, Fla.-based GrayRobinson PA. In addition to Minuano and Brasagro, the firm has represented sugar and ethanol producer São Fernando Açúcar e Álcool Ltda. (Aug. 22), construction company Knijnik Participações SA (July 24), securities holder Schahin Holdings SA (July 26), process control equipment maker Smar Equipamentos Industrias Ltda. (Feb. 28) and rubber tire product maker Marangoni Tread Latino America Indústria e Comércio de Artefatos de Borracha Ltda. (Feb. 15) in Chapter 15 cases in 2019. The “Southern District of Miami is a popular court for Brazilian filings because of their many connections to Miami,” Blanco said. “It’s the gateway to the Americas and home to a great deal of Brazilian offshore business. It is a natural conclusion that in looking to track offshore transactions from Brazil that Miami would be a likely first place to look.” Sequor’s Chapter 15 roots also go deep, with founding shareholder Gregory S. Grossman filing the first Chapter 15 case in Florida, for a Barbadian financial institution while he was at Astigarraga Davis. The predecessor firm handled a fair amount of Brazilian Chapter 15 proceedings, and there have been more to go around lately. Blanco pointed to an apparent rise in fraud-related cases that require investigation as the root of an increase in Chapter 15 filings. In addition, she said more Brazilian insolvency advisers are familiar with Chapter 15 as a tool to assist that country’s bankruptcy courts in investigating and obtaining assets that may have been transferred outside the country to defraud creditors. The Operação Lava Jato, or Operation Car Wash, criminal investigation that began in 2014 ultimately embroiled state-controlled Petróleo Brasileiro SA and construction company Odebrecht SA and led to indictments and convictions of politicians and professionals as it probed alleged money laundering, corruption, embezzlement and bribery. Among the politicians indicted and jailed were former Brazilian presidents Fernando Collor de Mello, Michel Temer and Luiz Inácio Lula da Silva. Odebrecht CEO Marcelo Odebrecht also was sentenced to prison. Bribes and improper conduct by defendants caused a domino effect with insolvencies and liquidations of companies, Blanco said. Companies or individuals moving company assets offshore and outside Brazil led to many Chapter 15 filings, Blanco asserted. Brazil’s recession and severe economic crisis, which began in 2014, also contributed to the financial distress that has led to more filings, she added. “Sequor was formed to offer clients the relentless global pursuit to recover assets lost to bad actors,” said Blanco, who has been working on bankruptcy, restructuring, insolvency and Chapter 15 cases since 1997. “That pursuit often occurs through the use of Chapter 15 cross-border insolvency cases and other asset recovery tools.” The law firm employs 15 full-time attorneys and one of counsel. All of the multilingual firm’s attorneys focus on asset recovery, and seven attorneys have substantial bankruptcy experience, Blanco said. To view the original article, click here. Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open Attorney Spotlight May 19, 2026 1 minute read Attorney Spotlight – Get to Know Noah Rosenblum 1. What inspired you to pursue a law career? I was drawn to law because I've always enjoyed solving complicated problems and thinking.. Attorney Spotlight May 9, 2026 2 minutes read Attorney Spotlight – Get to Know Michael Hanlon 1. What inspired you to pursue a law career? I was less drawn to law in the abstract and more.. Firm News Apr 11, 2026 2 minutes read Sequor Law Celebrates National Pet Day with Continued Support of Paws4You Rescue In recognition of National Pet Day, Sequor Law is proud to continue its support of Paws4You Rescue, a Miami-based nonprofit... Attorney Spotlight Jan 29, 2026 2 minutes read Attorney Spotlight – Get to Know Alain M. Acanda 1. What inspired you to pursue a law career? I was inspired to pursue a career in the law after having negative experiences with the law as.

On National Pet Day 2026, Sequor Law continues its support of Paws4You Rescue, a Miami nonprofit rescuing, rehabilitating, and rehoming dogs in South Florida. Sequor Law Celebrates National Pet Day with Continued Support of Paws4You Rescue Open Firm News Open April 11, 2026 2 minutes read Sequor Law Miami – April 11, 2026 – In recognition of National Pet Day, Sequor Law is proud to continue its support of Paws4You Rescue, a Miami-based nonprofit organization dedicated to rescuing, rehabilitating, and rehoming abandoned and at-risk dogs. As part of this year’s initiative, Sequor Law has made a charitable donation to support Paws4You’s ongoing efforts to provide care, shelter, and medical attention to dogs in need, while helping them transition into safe and permanent homes. Assistant Director of Marketing and Communications Gabriella Barros visited the Paws4You shelter to personally connect with the organization’s leadership and witness its impact firsthand. During her visit, she met with Founder and Executive Director Carol Caridad and team member Mirta Segredo, and spent time with more than 50 dogs currently under the organization’s care. Paws4You Rescue plays a vital role in South Florida’s animal welfare community, relying on a network of volunteers, fosters, and supporters to advance its mission. Through rescue operations, rehabilitation, and adoption efforts, the organization continues to create meaningful outcomes for both animals and the families who welcome them home. As part of our broader community engagement, we also celebrate the role pets play within our firm through our https://www.sequorlaw.com/pets . , where we share the companions who brighten our team’s lives every day. From rescue stories to everyday moments, the page offers a more personal glimpse into our community. We invite you to explore, meet our pets, and share in the joy they bring—while reinforcing the importance of adoption and responsible pet ownership. “Supporting organizations like Paws4You reflects our commitment to making a meaningful impact beyond our legal practice,” said Gregory S. Grossman , Founding Shareholder of Sequor Law. “Their work embodies compassion, dedication, and community involvement, values that strongly align with our firm.” Sequor Law encourages members of the community to learn more about Paws4You and explore ways to get involved, whether through adoption, fostering, volunteering, or donations. Additional information is available at www.paws4you.org . This initiative is part of Sequor Law’s broader commitment to community engagement and philanthropic support, reinforcing the firm’s dedication to giving back in meaningful and lasting ways. For more information, visit: www.sequorlaw.com Headquartered in Miami and with an office in Washington, D.C., Sequor Law is an international law firm focusing on representing victims of financial fraud, including sovereign governments and state-owned enterprises, public and non-public companies, insolvency practitioners, and all manner of clients in the areas of asset recovery, financial fraud, cross-border insolvency, and international litigation and arbitration. www.sequorlaw.com PAWS4you Rescue, Inc. is a 501(c)3 non-profit, volunteer and donor-subsidized animal rescue organization based in Miami, Florida. Founded in 2007, we are a 100% no-kill shelter serving the community by rescuing abandoned and neglected animals, nurturing these animals back to health through love and state-of-the art care, and promoting healthy and enriching relationships between pet owners and their pets. PAWS4you visualizes a world where pets are safe from the threat of euthanasia and live fully in the comfort of loving homes, enhancing the lives of those around them. www.paws4you.org Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open Attorney Spotlight May 19, 2026 1 minute read Attorney Spotlight – Get to Know Noah Rosenblum 1. What inspired you to pursue a law career? I was drawn to law because I've always enjoyed solving complicated problems and thinking.. Attorney Spotlight May 9, 2026 2 minutes read Attorney Spotlight – Get to Know Michael Hanlon 1. What inspired you to pursue a law career? I was less drawn to law in the abstract and more.. Firm News Apr 11, 2026 2 minutes read Sequor Law Celebrates National Pet Day with Continued Support of Paws4You Rescue In recognition of National Pet Day, Sequor Law is proud to continue its support of Paws4You Rescue, a Miami-based nonprofit... Attorney Spotlight Jan 29, 2026 2 minutes read Attorney Spotlight – Get to Know Alain M. Acanda 1. What inspired you to pursue a law career? I was inspired to pursue a career in the law after having negative experiences with the law as.

IWIRC announces its 2019 founders award winners, including Sequor Law's Leyza B. Florin in Miami, recognizing outstanding women in the insolvency and restructuring industry across three global cities. IWIRC announces 2019 founders award winners Open Awards & Recognition Open June 14, 2019 1 minute read Sequor Law By Benjamin Clarke Award winners: Leyza B. Florin, Eloise Fardon and IWIRC’s London network co-chair Sonya Van de Graaff The International Women’s Insolvency & Restructuring Confederation (IWIRC) has announced the recipients of its 2019 founders awards, with winners in Miami, Hong Kong and London. Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open Attorney Spotlight May 19, 2026 1 minute read Attorney Spotlight – Get to Know Noah Rosenblum 1. What inspired you to pursue a law career? I was drawn to law because I've always enjoyed solving complicated problems and thinking.. Attorney Spotlight May 9, 2026 2 minutes read Attorney Spotlight – Get to Know Michael Hanlon 1. What inspired you to pursue a law career? I was less drawn to law in the abstract and more.. Firm News Apr 11, 2026 2 minutes read Sequor Law Celebrates National Pet Day with Continued Support of Paws4You Rescue In recognition of National Pet Day, Sequor Law is proud to continue its support of Paws4You Rescue, a Miami-based nonprofit... Attorney Spotlight Jan 29, 2026 2 minutes read Attorney Spotlight – Get to Know Alain M. Acanda 1. What inspired you to pursue a law career? I was inspired to pursue a career in the law after having negative experiences with the law as.

Explore how Rule 4(f) international service of process provides options for serving defendants abroad without an international agreement. Learn more about Rule 4(f) international service of process strategies. Service of Process Abroad: No International Agreement? Open Legal Insights Open May 23, 2022 2 minutes read Sequor Law Serving a defendant outside the United States can quickly become one of the most procedurally complex stages of a case—particularly when the destination country is not a signatory to the Hague Service Convention or any other applicable international service treaty . But the absence of a treaty does not leave litigants without options. In their article for ThoughtLeaders4 FIRE Magazine (Issue 9) , Sequor Law Shareholder Leyza Blanco , Attorney Juan Mendoza , and Attorney Alejandro Rodriguez Vanzetti examine how Federal Rule of Civil Procedure 4(f) provides workable mechanisms for effecting service abroad even when no international agreement governs. The authors take a practical, court-centered approach to Rule 4(f) , explaining how its structure allows litigants to pursue several avenues depending on the circumstances. While treaty-based service under Rule 4(f)(1) is often the first consideration, the analysis does not end there. The article discusses how courts interpret Rule 4(f)(2) and 4(f)(3) , particularly in jurisdictions where no international agreement applies or where traditional channels are ineffective. Emphasis is placed on due process, judicial discretion, and the requirement that any proposed method be reasonably calculated to provide notice. Importantly, the article highlights how courts assess whether a proposed method is affirmatively prohibited by foreign law, how alternative service has evolved in response to modern realities, and what evidentiary support judges expect when litigants seek court-directed service. Rather than treating service abroad as a rigid procedural obstacle, the authors frame it as a strategic issue—one that requires careful analysis of the rule, the foreign jurisdiction, and the factual record before the court. For practitioners confronting cross-border defendants in commercial litigation , fraud matters , or enforcement proceedings, this piece offers a grounded examination of the available procedural tools and the considerations that can influence a court’s decision. To explore the full discussion and case analysis, we invite you to read the complete article in the T4 Fire magazine PDF (pages 48–50). Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open Attorney Spotlight May 19, 2026 1 minute read Attorney Spotlight – Get to Know Noah Rosenblum 1. What inspired you to pursue a law career? I was drawn to law because I've always enjoyed solving complicated problems and thinking.. Attorney Spotlight May 9, 2026 2 minutes read Attorney Spotlight – Get to Know Michael Hanlon 1. What inspired you to pursue a law career? I was less drawn to law in the abstract and more.. Firm News Apr 11, 2026 2 minutes read Sequor Law Celebrates National Pet Day with Continued Support of Paws4You Rescue In recognition of National Pet Day, Sequor Law is proud to continue its support of Paws4You Rescue, a Miami-based nonprofit... Attorney Spotlight Jan 29, 2026 2 minutes read Attorney Spotlight – Get to Know Alain M. Acanda 1. What inspired you to pursue a law career? I was inspired to pursue a career in the law after having negative experiences with the law as.

Sequor Law's Cristina Vicens Beard and Andrew Dawson examine the Second Circuit's ruling on Madoff trustee clawback actions against non-US entities and international comity principles. Asset recovery column: The long arm of the liquidating trustee – Madoff trustee reaches offshore transferees Open Legal Insights Open June 13, 2019 1 minute read Sequor Law Christina Vicens Beard and Andrew Dawson / Sequor Law June 13, 2019 Sequor Law attorney Cristina Vicens Beard and of counsel Andrew Dawson consider the implications for non-US entities of the US Second Circuit’s recent ruling that international comity principles should not stop clawback actions by the trustee of Bernie Madoff’s investment firm. Read full article here Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open Attorney Spotlight May 19, 2026 1 minute read Attorney Spotlight – Get to Know Noah Rosenblum 1. What inspired you to pursue a law career? I was drawn to law because I've always enjoyed solving complicated problems and thinking.. Attorney Spotlight May 9, 2026 2 minutes read Attorney Spotlight – Get to Know Michael Hanlon 1. What inspired you to pursue a law career? I was less drawn to law in the abstract and more.. Firm News Apr 11, 2026 2 minutes read Sequor Law Celebrates National Pet Day with Continued Support of Paws4You Rescue In recognition of National Pet Day, Sequor Law is proud to continue its support of Paws4You Rescue, a Miami-based nonprofit... Attorney Spotlight Jan 29, 2026 2 minutes read Attorney Spotlight – Get to Know Alain M. Acanda 1. What inspired you to pursue a law career? I was inspired to pursue a career in the law after having negative experiences with the law as.

Meet Sequor Law's new partners Leyza B. Florin and Fernando Menendez in this Q&A about their cross-border insolvency and asset recovery practices and why they joined the firm. Partner Q&A Open Attorney Spotlight Open July 3, 2018 4 minutes read Sequor Law This June, we welcomed two new powerhouse attorneys as partners at Sequor Law. We sat down with Leyza B. Florin and Fernando Menendez to discuss what led them to our firm, their viewpoints on their unique practice areas, and their interests and community involvement. Why did you decide to join Sequor Law? Fernando – Being geographically situated in Miami, which serves as a gateway to Latin America and a hub for international business, Leyza and I were excited by the possibilities presented in joining a firm with a great depth of experience and knowledge in the international asset recovery arena. We have known the lawyers at Sequor Law professionally for many years and greatly admire their practice. We believe that our addition to this exceptional team creates natural synergies, adds to the firm’s resources and helps us all respond to the needs of our clients worldwide. Leyza – Sequor Law presented an excellent opportunity to join professional colleagues who are world-class experts in the fields of Insolvency, Creditors’ Rights and Asset Recovery, and who would augment my cross-border practice with an already established global presence in those fields. What do you think is unique about the firm? Fernando – The firm’s depth of experience in international asset recovery matters is truly impressive. In the few short weeks since joining the firm, I’ve had the opportunity to assist clients and work with global teams on matters with ties, not only to the U.S., but to the U.K., Gibraltar, Luxembourg, Panama, Turkey, and Romania. I don’t know that I could say that anywhere else. Leyza – Sequor Law is unique because it is a specialized firm with a niche practice and global reach in the Insolvency, Restructuring and Asset Recovery space. How are your practice areas important for Sequor, and/or in general? Fernando – I’ve focused my practice on bankruptcy and creditors’ rights matters for some time. Sequor’s focus on representing companies and individual clients in the areas of asset recovery, financial fraud, insolvency and financial services litigation fits perfectly within the scope of the work I’ve done throughout my career. I believe that our addition to the team will amplify the firm’s already formidable resources, and allow us to better assist and respond to the needs of our clients, whenever and wherever they may arise. Leyza – Our practice areas have synergy with Sequor’s existing cross-border insolvency and restructuring practices. We look forward to adding to Sequor’s already deep bench in these areas. How do you see your practice areas evolving or changing in the next 5-10 years? Fernando – In a world that (at least as it relates to commerce) is getting smaller by the day, I see the scope of my work expanding to meet the needs of U.S.-based clients engaged in international business, and to assist clients in their asset recovery efforts around the world. Leyza – I see our practice evolving to expand the use of U.S. Courts to assist clients from all parts of the world in asset recovery and insolvency proceedings. What special strengths do you bring to Sequor? Fernando – During my career, I’ve had the opportunity to handle numerous types of bankruptcy and insolvency matters from a number of different perspectives. In addition to working for plaintiffs and defendants in various fraudulent transfer and avoidance cases, I’ve also assisted a broad range of clients acting in various capacities in bankruptcy and other litigation proceedings, including debtors, trustees, secured creditors, bondholders, judgment creditors, and shareholders. I think the broad range of my prior engagements provides the benefit of multiple perspectives on how to handle new challenges. Leyza – We bring additional depth of experience in both cross-border and domestic insolvency and creditors’ rights matters as well as the ability to counsel clients in Spanish, as we are native Spanish speakers. How do you give back to the community? Fernando – My wife and I contribute to several charities that are primarily focused on assisting children in developing countries. Leyza – For many years, I have taught law students in clinical programs with the goal of serving the profession of law and the community. Most recently, I have assisted with a medical/legal partnership clinic assisting students with indigent clients who seek pro bono assistance in insolvency matters. I am also committed to increasing diversity and inclusion in the legal profession and to this end have served in various leadership roles, including Treasurer of the Florida Bar’s Business Law Section and Finance Director of IWIRC (International Women’s Insolvency & Restructuring Confederation.) When I served as President of the Bankruptcy Bar Association of the Southern District of Florida, I brought the Credit Abuse Resistance Education Program (C.A.R.E.) to South Florida, and then throughout the state. The C.A.R.E. Program teaches students of all ages the dangers of credit abuse. Through this program, we have presented to students in middle schools through to university freshmen. I am still involved in this program and most recently presented to students at the Department of Juvenile Justice in collaboration with the Legal Up Program. Teaching at-risk students and foster youth in transition about the dangers of credit abuse has been a good way to merge my skill set and experience as a bankruptcy lawyer with my love of teaching. What is something people don’t know about you? Fernando – Last year, I decided to take on the challenge of building a large wooden deck in my backyard. Not being a carpenter, and working only on weekends, the project turned out to be somewhat ambitious, and took far, far, . . . far longer than anticipated. Although it was a very rewarding experience, I’m fairly certain that my wife will insist that all future carpentry be left to the professionals. Leyza – Many people do not know that law is my second career, having worked as a public school teacher prior to and during my law school years. Since then, I have also served as an adjunct professor teaching law students. Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open Attorney Spotlight May 19, 2026 1 minute read Attorney Spotlight – Get to Know Noah Rosenblum 1. What inspired you to pursue a law career? I was drawn to law because I've always enjoyed solving complicated problems and thinking.. Attorney Spotlight May 9, 2026 2 minutes read Attorney Spotlight – Get to Know Michael Hanlon 1. What inspired you to pursue a law career? I was less drawn to law in the abstract and more.. Firm News Apr 11, 2026 2 minutes read Sequor Law Celebrates National Pet Day with Continued Support of Paws4You Rescue In recognition of National Pet Day, Sequor Law is proud to continue its support of Paws4You Rescue, a Miami-based nonprofit... Attorney Spotlight Jan 29, 2026 2 minutes read Attorney Spotlight – Get to Know Alain M. Acanda 1. What inspired you to pursue a law career? I was inspired to pursue a career in the law after having negative experiences with the law as.

Sequor Law's Leyza B. Florin and Daniel Coyle analyze the emerging minority view on delivering subpoenas under FRCP Rule 45(b)(1) and its impact on cross-border asset recovery. Asset recovery column: emerging minority view on delivery of subpoenas under FRCP 45 Open Legal Insights Open March 25, 2020 5 minutes read Sequor Law Sequor Law shareholder Leyza B. Florin and attorney Daniel Coyle in Miami discuss the emerging trend in US federal and bankruptcy courts regarding service of subpoenas under rule 45(b)(1) of the Federal Rules of Civil Procedure (FRCP). The language of rule 45(b) establishes the method for serving a subpoena upon the subpoena target. Previously, despite differences in the text between rule 45(b) and rule 4, governing service of original process, courts required subpoenas to be served on the subpoena target exclusively by hand delivery under the methods specified in rule 4. However, rule 45(b) jurisprudence is evolving to a more liberal standard that is both more in line with the text of rule 45(b) and more advantageous to the asset recovery practitioner, and client, seeking third-party discovery – especially from discovery targets in cross-border cases who maintain multiple residences or a more transient presence in the United States. Service of a subpoena versus service of process— what is the difference and why is there a difference? First and foremost, service of a subpoena under rule 45 is accomplished by “delivery”, and specifically, “delivering a copy [of the subpoena] to the named person”. Juxtapose this language with the text of rule 4, specifically subsections “e” and “f” specifying the method for service of process of natural persons, which is also applicable for service of process of artificial persons, in and outside of the US and it is clear that the standards are notably different. Noticeably absent from the text of rule 45 are the words “personally”; “hand” delivery; or “abode” service. References to rule 4, and state rules of service of process are also missing. Thus, based upon a plain meaning of the rules, the method of service of a subpoena is not the same as service of process. In the bankruptcy context, construing rule 45 to require personal service or even abode service of a subpoena leads to an even more bizarre result since, under rule 7004(b), service of process of an adversary proceeding may be validly accomplished by first class mail. The distinction between the method of service of a subpoena and service of process was crucial to Judge A. Jay Cristol’s reasoned opinion in the 2008 case of Falcon is not the only case to analyze the distinctions between rule 45(b) and rule (4), but it provides an insightful exposition of several cases from various courts as well as an insightful analysis of the language of both rules to explain why the method of accomplishing service under each rule is different. Judge Cristol analysed several judicial decisions from both inside and outside Florida, each of which determined that the service of a subpoena upon the recipient by a means other than personal service was valid. Moving to a statutory construction analysis, Judge Cristol determined that the term “delivering” was ambiguous and should be considered in the context of other parts of rule 45, “as well as other federal rules.” Judge Cristol stated that a reading of rule 45(b)(1) as requiring the subpoena to be personally served, would render the language of rule 45(b)(4) regarding the “manner of service”, and the language of rule 4(e)(2)(A) and 4(f)(2)(C)(i) requiring the process be delivered “personally”, as “superfluous” and “pure surplusage.” Construing rule 45(b) to require personal service would thus run afoul of the Surplusage Canon (). Dubbing this approach the “better-reasoned, modern, emerging minority position,” Judge Cristol applied it to the facts of the case before him. Other factors are also germane to determining that service is valid. The public policy underlying the service requirement is ensuring the receipt of the subpoena so that the subpoena target has notice of both the subpoena, and what is required/requested from the subpoena target. Thus, the purpose of the service requirement is actual receipt, which the courts accord significant weight to. Courts also focus on equitable considerations when determining validity, such as attempts by subpoena targets to subvert the purpose of the rules by hyper-technically construing them as an artifice to evade service. For instance, in the 2000 case of , the US Bankruptcy Court for the Southern District of New York found rule 45 allows for service of a subpoena by certified mail on a deponent who rebuffed attempts at personal service and whose doorman restricted a process server’s access to a deponent’s apartment. What is “delivery” and what constitutes “delivery” under the emerging minority position? Delivery under this approach was defined in as serving the subpoena in a manner that reasonably insures actual receipt of the subpoena by the witness. Some courts, adopting the emerging minority position, have fleshed out this standard by providing that service may be accomplished by mailing the subpoena to the subpoena target’s known address in the US or abroad. Other courts have established that sending the subpoena by common carrier is sufficient. In the case, the court determined that substitute service on another member of the household constitutes valid service, even though the subpoena target did not reside at the address where the subpoena was delivered. At least one court has ruled that delivering the subpoena to the subpoena target’s agent is sufficient, and other courts have upheld service on domestic workers. Indeed, in a recent ruling in the case of in the US Bankruptcy Court for the Southern District of Florida, Judge Robert Mark held that service of the subpoena by delivering it to a non-resident domestic worker at the address where the subpoena target’s family lived was sufficient. The emerging minority position should continue to gain adherents and traction The so-called emerging minority position is consistent with the text of rule 45(b) and consistent with the canons of statutory construction. It is also consistent with the policy aims of the service rule: ensuring actual receipt. The emerging minority position also establishes a more liberal standard that serves another laudable public policy goal: easing the discovery of information that will increase the likelihood of recovering assets while simultaneously discouraging the corruption of the rules of civil procedure by swindlers as a ruse to avoid valid service and valid discovery. The advantage of this more liberal standard for the asset-recovery attorney seeking discovery from discovery-targets in cross-border cases is clear. A lower threshold for effecting service eases the burden of attempting to serve discovery-targets who maintain a presence both inside and outside of the United States and lowers the likelihood of having to pursue discovery in foreign jurisdictions under the slow and cumbersome procedures of the Hague Convention or through a letter rogatory in a non-member state. References Federal Rules of Civil Procedure, rule 45(b) Federal Rules of Civil Procedure, rule 4 To view the original article, click here. Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open Attorney Spotlight May 19, 2026 1 minute read Attorney Spotlight – Get to Know Noah Rosenblum 1. What inspired you to pursue a law career? I was drawn to law because I've always enjoyed solving complicated problems and thinking.. Attorney Spotlight May 9, 2026 2 minutes read Attorney Spotlight – Get to Know Michael Hanlon 1. What inspired you to pursue a law career? I was less drawn to law in the abstract and more.. Firm News Apr 11, 2026 2 minutes read Sequor Law Celebrates National Pet Day with Continued Support of Paws4You Rescue In recognition of National Pet Day, Sequor Law is proud to continue its support of Paws4You Rescue, a Miami-based nonprofit... Attorney Spotlight Jan 29, 2026 2 minutes read Attorney Spotlight – Get to Know Alain M. Acanda 1. What inspired you to pursue a law career? I was inspired to pursue a career in the law after having negative experiences with the law as.

Sequor Law welcomes Robert B. Kearney to its Washington, D.C. office. A former judicial clerk and U.S. Senate staffer, he focuses on asset recovery, bankruptcy, and creditors' rights. Sequor Law Welcomes Attorney Robert B. Kearney to Its Washington, D.C. Office Open Firm News Open November 19, 2024 2 minutes read Sequor Law Sequor Law, a distinguished international law firm specializing in international litigation, asset recovery, representing victims of financial fraud, and cross-border insolvency, proudly announces the addition of Robert B. Kearney to its team. Based in the firm’s Washington, D.C. office, Robert’s experience in corporate bankruptcy, commercial litigation, and insolvency further strengthens Sequor Law’s commitment to providing high-caliber legal services to its clients. Robert joins Sequor Law following clerkships with the Honorable James J. Tancredi at the U.S. Bankruptcy Court for the District of Connecticut and the Honorable Erik S. Atas at the Maryland Circuit Court for Baltimore City. His impressive background includes a tenure with the U.S. Senate Committee on the Judiciary, where he assisted on key legal and policy issues. Robert’s practice will focus on asset recovery, bankruptcy, and creditors’ rights, bringing an added depth to Sequor Law’s expanding capabilities in these areas. “Robert’s impressive experience in both bankruptcy courts and on the policy front adds a valuable perspective to our firm,” said Tara J. Plochocki, Partner in charge of Sequor Law’s Washington, D.C. office. “We are excited to welcome him and look forward to the contributions he will make to our clients and our team.” Gregory S. Grossman, a Founding Shareholder of Sequor Law, echoed this enthusiasm, stating, “Robert exemplifies the traits that are the hallmarks of the lawyers at Sequor Law. Our motto — relentless, global, pursuit – is a perfect description of what Robert will bring to our growing DC office and the clients of the firms.” **** Sequor Law is an international law firm focusing on representing victims of financial fraud, including sovereign governments and state-owned enterprises, public and non-public companies, insolvency practitioners, and all manner of clients in the areas of asset recovery, financial fraud, cross-border insolvency, and international litigation and arbitration. www.sequorlaw.com. Open Back to all Entries Share this article Facebook X (Twitter) WhatsApp LinkedIn Copy link Latest News & Insights Open Open Attorney Spotlight May 19, 2026 1 minute read Attorney Spotlight – Get to Know Noah Rosenblum 1. What inspired you to pursue a law career? I was drawn to law because I've always enjoyed solving complicated problems and thinking.. Attorney Spotlight May 9, 2026 2 minutes read Attorney Spotlight – Get to Know Michael Hanlon 1. What inspired you to pursue a law career? I was less drawn to law in the abstract and more.. Firm News Apr 11, 2026 2 minutes read Sequor Law Celebrates National Pet Day with Continued Support of Paws4You Rescue In recognition of National Pet Day, Sequor Law is proud to continue its support of Paws4You Rescue, a Miami-based nonprofit... Attorney Spotlight Jan 29, 2026 2 minutes read Attorney Spotlight – Get to Know Alain M. Acanda 1. What inspired you to pursue a law career? I was inspired to pursue a career in the law after having negative experiences with the law as.