Search Results
236 results found with an empty search
- Two Sequor Law Attorneys Named Rising Legal Stars by Latinvex| Sequor Law
Sequor Law's Arnoldo Lacayo and Nyana A. Miller named Rising Legal Stars by Latinvex for their expertise in international asset recovery, financial fraud, and cross-border insolvency. Two Sequor Law Attorneys Named Rising Legal Stars by Latinvex Open Awards & Recognition Open September 21, 2018 2 minutes read Sequor Law ARNOLDO LACAYO, Partner, Sequor Law Arnie Lacayo , a partner at Sequor Law, focuses his international litigation practice on financial fraud and asset recovery. He has extensive experience litigating complex disputes in state and federal courts and has represented multi-national corporations, sovereign governments, receivers, trustees and other foreign officeholders in matters pending in U.S. Courts. Key work includes representing the judicial administrator appointed in a Brazilian bankruptcy case in one of the largest failed bank bankruptcies in Brazil’s history; acting as lead U.S. counsel for the Liquidator and has successfully pursued recognition of the Chilean insolvency proceedings and of the Liquidator as foreign representative under Chapter 15 and Brazilian Liquidator in an adversary proceeding clawback action within a Chapter 15. Lacayo has also worked at length with the versatile 28 U.S.C. § 1782 discovery statute, including in one of the leading cases out of the Eleventh Circuit Court of Appeals. Lacayo holds a J.D. from the University of Miami School of Law (2003) and a B.A. from the University of Notre Dame (2000). NYANA A. MILLER, Associate, Sequor Law Nyana Abreu Miller , an attorney at Sequor Law, focuses her practice on international asset recovery and financial fraud. Miller has worked on cases brought under Chapter 15 of the U.S. Bankruptcy Code on behalf of foreign office holders of bankrupt Latin American companies and financial institutions where insiders misappropriated hundreds of millions of dollars’ worth of assets into or through the United States. She represents individuals, corporations, receivers and trustees in litigation to recover assets that were concealed, fraudulently transferred, or otherwise misappropriated. Prior to joining Sequor Law, she worked on commercial, financial and real estate transactions at an international law firm. In that position, Miller represented bank syndicates in financial transactions for various purposes, including working capital, international trade and acquisitions. She holds a J.D., University of Miami School of Law (2011) and a B.A., University of Kansas (2005). 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.
- A Worldwide View on Commercial Real Estate Post-COVID| Sequor Law
Sequor Law's Leyza B. Florin moderates a cross-border panel on Commercial Real Estate Post-COVID at the ABI International Insolvency & Restructuring Symposium. A Worldwide View on Commercial Real Estate Post-COVID Open Events & Speaking Open November 22, 2021 1 minute read Sequor Law Sequor Law Shareholder and International IWIRC Chair Leyza B. Florin moderated an insightful cross-border panel on Commercial Real Estate Post-COVID at the ABI International Insolvency & Restructuring Symposium. Joining the panel were Liz Machado, Dr. CS Mamta Binani, Jo Hewitt and Dr Annerose Tashiro. Congratulations on an informative session! 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 Attorneys Recognized by Lawdragon 500| Sequor Law
Sequor Law announces four shareholders named to the Lawdragon 500 Leading U.S. Bankruptcy & Restructuring Lawyers list for 2022, recognizing their excellence in the field. Sequor Law Attorneys Recognized by Lawdragon 500 Open Awards & Recognition Open January 19, 2022 1 minute read Sequor Law Sequor Law is pleased to announce that Lawdragon 500 has once again recognized four of the firm’s shareholders naming them as leading Bankruptcy & Restructuring Lawyers for 2022. Open 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.
- Arnoldo “Arnie” Lacayo and Juan Mendoza Attend 60th Annual AIJA Congress in Singapore| Sequor Law
Sequor Law's Arnoldo "Arnie" Lacayo, AIJA Litigation Commission President, and Juan Mendoza attend the 60th Annual AIJA Congress in Singapore, building key international connections. Arnoldo “Arnie” Lacayo and Juan Mendoza Attend 60th Annual AIJA Congress in Singapore Open Events & Speaking Open August 31, 2022 1 minute read Sequor Law See photos from Juan Mendoza and AIJA Litigation Commission President Arnoldo “Arnie” Lacayo’s recent trip to attend the 60th Annual AIJA Congress in Singapore where they reconnected with old and new contacts. 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.
- Florida UCRERA: Commercial Real Estate Receivership Act| Sequor Law
Daniel Coyle of Sequor Law analyzes Florida's adoption of the Uniform Commercial Real Estate Receivership Act (UCRERA) — receiver powers, procedures, key differences from the Model Act Florida’s New Commercial Real Estate Receivership Act Open Legal Insights Open September 30, 2020 1 minute read Daniel M. Coyle Florida’s New Commercial Real Estate Receivership Act By Daniel Coyle In July, Florida became the ninth state to adopt the Uniform Commercial Real Estate Receivership Act (“UCRERA”). 1 The timing could not be better, given the near-universal prediction that defaults on commercial loans will skyrocket due to the COVID-19 pandemic once foreclosure moratoriums end and the growing suspicion that many borrowers will not reflexively file for bankruptcy. Those with experience as federal equity receivers and Chapter 7 trustees will find they are well suited to creatively and effectively use the greater powers receivers enjoy under UCRERA to achieve better and more fruitful outcomes. Drafted in 2019 by the Uniform Law Commission, UCRERA significantly broadens the powers of state receivers of commercial real property while also establishing a standard set of rules governing the reasons authorizing appointment and the procedures for seeking appointment. 2 UCRERA’s passage is a welcome event for receivers, trustees, fiduciaries, lenders and other parties involved with commercial real estate along with their counsel. This article will analyze Florida’s UCRERA as well as to point out some key differences between Florida’s version and the Model Act. I. Florida’s Receivership Scheme Prior to UCRERA In Florida, prior to UCRERA’s enactment, receivers were generally appointed as an equitable remedy to preserve the status quo of the real estate and to collect the rents and profits. 3 Appointment was difficult to obtain because: (1) it was in derogation of the common law, and; (2) it divested the property owner of the owner’s right to manage and control the property. 4 Consistently with this, the applicant also had to meet a high burden by demonstrating a serious and significant ongoing loss, usually, but not always, in the form of waste, even if the applicant had a right to appointment in a mortgage. 5 The waste could take the form of ongoing damage or disrepair of the real property, failing to pay property taxes, or failure to turn over rents. 6 Once appointed, the ultimate rights, duties and liabilities of the receiver were solely determined from the language of the order of appointment. In other words, they were left completely up to the court. One might think this discretion could result in robust powers but case law curtailed these powers significantly. For instance, it was improbable, if not impossible, to obtain an appointment order empowering the receiver to sell the real property 7 because appointment does not affect the title to property or deprive the owner of rights to the property. 8 Instead, receivers were limited to managing the property in the ordinary course of business. II. UCRERA’s Scheme A. The Receiver’s Powers under UCRERA UCRERA broadens the powers of a receiver significantly, to the degree that the receiver obtains many of the same powers as a Chapter 7 trustee in bankruptcy. The receiver is given the status of lien creditor under Florida’s recording statute chapter (Ch. 695 Fla . Stat .) and Florida’s enactment of the UCC pertaining to secured transactions (Ch. 679 Fla. Stat. ), similarly to 11 U.S.C. §544 as to receivership property or fixtures. 9 Thus, the receiver may now pursue avoidance/clawback actions regarding the property as a Chapter 7 Trustee or Debtor-in-Possession would. 10 Similarly to 11 U.S.C. §542, the receiver is entitled to turnover of receivership property. Persons owing debts that constitute receivership property must pay those debts to the receiver. 11 One of the most significant improvements is that the receiver is authorized to sell the property before or after judgment. The receiver is now authorized to sell the receivership assets outside of the ordinary course of business before judgment and with the approval of the owners, 12 or after judgment and with court approval 13 , much like the bankruptcy process under 11 U.S.C. §365. As in a bankruptcy “363 sale,” this is a sale of the asset “free and clear” of liens on the property, with the liens attaching to the proceeds. 14 Good faith purchasers are protected from reversal or modification on appeal of an order approving the sale. 15 The receiver also has the power to accept or reject executory contracts relating to the property with court approval. 16 This power may be used even if the appointment of the receiver constitutes a breach under the contract. 17 Also, the receiver's performance of an executory contract before court approval of its adoption or rejection does not preclude the receiver from later seeking approval to reject the contract. 18 Similarly to a section 362 stay in bankruptcy, the court may enter an order providing for a stay of acts relating to the property to protect against misappropriate or waste. 19 This order must describe in reasonable detail the act or acts restrained. 20 With court approval, the receiver may incur debt outside of the ordinary course of business, make improvements to the receivership property, make a distribution of receivership property, and take the other actions described above regarding selling the property, adopting or rejecting executory contracts. 21 In addition to those innovative provisions, the receiver also has the more typical powers to collect, control, manage and perfect the property, operate the business, incur unsecured debt and pay expenses in the ordinary course of business, assert rights, claims and defenses relating to the property, and engage professionals. 22 Regarding its duties, the receiver must prepare and retain appropriate records, including a record of each receipt, disbursement and disposition of the property, account for the proceeds of all dispositions, file a copy of the order of appointment and disclose any fact arising which would disqualify the receiver. 23 The receiver’s powers and duties may be expanded, modified or limitedby court order. 24 To further the goal of standardization of appointments and broaden the receiver’s powers, UCRERA contains two provisions that seek to homogenize processes across state lines . The court may appoint a receiver already appointed in another state or even the nominee of that receiver as an ancillary receiver of property located within the state, so long as the person would be eligible for appointment under the standards of UCRERA. 25 The ancillary receiver has the same rights, powers, and duties as a receiver appointed under the statute. 26 Additionally, the Court may domesticate an order entered in another state appointing or directing a receiver. 27 The Act also provides that decisions of other states interpreting UCRERA’s provisions are persuasive authority. 28 A court may award a receiver the reasonable and necessary fees and expenses of performing its duties and exercising the receiver's powers from the revenue generated by the property. 29 Or, the court may order either the person who requested the appointment or the person whose conduct justified the appointment to pay the reasonable and necessary fees and expenses of the receivership. 30 B. Sufficient Cause for Appointment UCRERA provides grounds for authorizing an appointment prior to a judgment and grounds for authorizing an appointment after entry of a judgment. 31 A court may appoint a receiver before judgment if the property or its revenue-producing potential: (1) is subjected to waste, loss, substantial diminution in value, dissipation, or impairment or (2) has been, or is about to be, the subject of a voidable transaction. 32 After judgment, a court may appoint a receiver:(a) to the judgment or (b) to preserve the property pending appeal or when an execution has been returned unsatisfied and the owner refuses to apply the property in satisfaction of the judgment. 33 UCRERA also provides a non-exhaustive list of factors to be considered in ruling on a request for appointment based upon a mortgage, which include many of the same themes discussed previously (e.g., protection from waste, loss, diminution in value, etc.). C. Procedure for Appointment The Florida provision governing appointments 34 was significantly augmented from the Model Act because the Florida Rule of Civil Procedure governing appointments provides significant due process protections with which Florida's version of UCRERA had to harmonize. An appointment requires notice and opportunity for hearing, except that the court may issue an order without notice if immediate and irreparable injury, loss or damage will result to the applicant or that waste, dissipation, impairment, or substantial diminution in value will result before any adverse party can be heard. 35 The person seeking appointment without prior notice or hearing must provide security for the payment of damages, reasonable attorney fees, and costs incurred or suffered by any person if the court later concludes that the appointment was not justified. 36 ENDNOTES 1 Oregon, Utah, Nevada, Tennessee, Michigan, Arizona, Maryland, and North Carolina are the others. Connecticut has introduced a bill to enact the law. 2 According to section 714.04(1), UCRERA applies to a receivership initiated in a court of Florida for an interest in real property and any incidental personal property related to or used in operating the real property. The insertion of the term “incidental” was to make clear that the Act does not apply to personal property broadly, but instead only to personal property connected with or associated with commercial real property (e.g., fixtures). Property is defined broadly and expansively in section 714.02(13) to include all “right, title, and interest, legal and equitable … and includes proceeds, products, offspring, rents, and profits.” 3 U.S. Bank Nat. Ass'n v. Cramer , 113 So. 3d 1020, 1023 (Fla. 2d DCA 2013). 4 Twinjay Chambers P'ship v. Suarez , 556 So. 2d 781, 781 (Fla. 2d DCA 1990). 5 Boyd v. Banc One Mortg. Corp., 509 So. 2d 966 (Fla. 3d DCA 1987). 6 Smith v. State Life Insurance Company , 153 So. 842 (1934); Smith v. DuPuis , 157 So. 491 (1934); ( Carr v. Marion Mortg. Co ., 128 So. 12 (1930). 7 See, e.g., Shubh Hotels Boca, LLC v. Fed. Deposit Ins. Corp. , 46 So. 3d 163, 167 (Fla. 4th DCA 2010). 8 Eppes v. Dade Developers Inc. , 170 So. 875 (1936). 9 Fla. Stat. §714.09. III. Conclusion UCRERA is a significant and welcome step in both standardizing the rights, powers, duties, and procedures related to state receivers of commercial real property. With the moratoriums on foreclosures in multiple states ending or coming to an end and the expected increase in commercial loan defaults, Florida’s enactment of UCRERA is timely, and more states should consider passing their own versions of the Act. END About the Author : Daniel Coyle is an attorney with Sequor Law in Miami. His practice focuses on bankruptcy , creditors’ rights , secured transactions, collections , executions, asset recovery and cross-border insolvency . dcoyle@sequorlaw.com 10 One limitation to this is that under Fla. Stat. §714.10, appointment does not affect the validity of a pre-receivership perfected security interest or property acquired post-receivership under a perfected floating lien. 11 Fla. Stat. §714.11. 12 Fla. Stat. §714.16(2). 13 Fla. Stat. §714.16(3). 14 Fla. Stat. §714.16(4). 15 Fla. Stat. §714.16(6). 16 Fla. Stat. §714.17. 17 Fla. Stat. § 714.16(4). 18 Fla. Stat. §714.17(3). Also, under Fla. Stat. §714.17(5), if the executory contract is rejected, it is treated as if it were breached as of the day before the date the receiver was appointed so that the aggrieved party may assert rejection damages against the receivership estate. 19 Fla. Stat. §714.14. 20 Fla. Stat. §714.14(3). The permissive nature of this stay and the description requirements in the order are different than the Model Act, which provides that the appointment automatically provides for a such a stay. A person affected may apply for relief from the stay and the court must hear the motion within five (5) days or at such time as the court determines is reasonable and appropriate. Fla. Stat. §714.14(4). 21 Fla. Stat. §714.12(2). 22 Fla. Stat. §714.12(1). 23 Fla. Stat. §714.12(3). 24 Fla. Stat. §714.12(4). 25 Fla. Stat. §714.24(1)(a). 26 Fla. Stat. §714.24(3). 27 Fla. Stat. §714.24(2). 28 Fla. Stat. §714.26. 6 | P a g e 29 Fla. Stat. §714.21(1). 30 Fla. Stat. §714.21(2). 31 Fla. Stat. §714.06. 32 Fla. Sta. §714.06(1)(a). 33 Fla. Sta. §714.06(1)(b). 34 Fla. Stat. §714.03. 35 Fla. Stat. §714.03(2). 36 Fla. Stat. §714.06. Subsection 714.06(3) also provides that, if and when the Court determines the appointment was justified, and the order of appointment becomes final and no longer subject to appeal, the court will release the bond or other security. 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.
- International Arbitrators, Litigators Setting Themselves Apart| Sequor Law
Sequor Law shares a Miami Today feature on international arbitrators and litigators setting themselves apart, with the full article available as a PDF download. International Arbitrators, Litigators Setting Themselves Apart Open In the News Open April 5, 2018 1 minute read Sequor Law By Rebecca San Juan To download 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.
- Art for Fraud’s Sake – Fraud Intelligence Article by Christopher A. Noel| Sequor Law
Sequor Law's Christopher A. Noel examines fraud in the art market for Fraud Intelligence, exploring recent cases and legislative measures against art fraud and money laundering. Art for Fraud’s Sake – Fraud Intelligence Article by Christopher A. Noel Open Legal Insights Open August 2, 2022 1 minute read Sequor Law The glamorous, uber-wealthy, largely unregulated and opaque world of art dealing and collecting has intrinsic features that make it vulnerable to fraud. Christopher A Noel of Sequor Law sketches recent cases and legislative steps toward combating the problem. Andy Warhol is famously quoted as saying, “Art is what you can get away with.” Since the explosion of the contemporary art market during the past two decades, artists, collectors and fraudsters alike have embraced Warhol’s precarious perspective. The modern art market no longer exists in wood-panelled galleries lining the streets of London, Hong Kong and New York. Today’s collectors are mobile, purchasing artworks at all price points, sight unseen, during their commutes and while on holiday. These new business practices have had positive impact – UBS estimates that global art and antiquities sales in 2021 reached an estimated US$65.1 billion, surpassing even the peak sales figures seen in 2019. Click here to read the full article online. 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 Summer Series Podcasts| Sequor Law
Sequor Law's Summer Series Podcasts feature distinguished attorneys and experts discussing cross-border insolvency, cryptocurrency recovery, financial fraud, and asset tracing topics. Sequor Law’s Summer Series Podcasts Open Events & Speaking Open August 17, 2021 2 minutes read Sequor Law In this series, our distinguished Sequor Law attorneys sit down with other subject-matter experts to discuss cutting-edge legal issues, from the recovery of cryptocurrency to the psychology behind financial fraud to uncovering nominees and other aiders and abettors. See below our upcoming podcasts for the month of August. Hot Topics in Cross Border Insolvency with Sequor Counsel Nyana Abreu Miller August 19, 2021 12PM EST Expert Guest Speakers: Sarah Murray, Head of Dispute Resolution, Stevens & Bolton (UK) Felipe Vieira, Attorney, Duarte Forssell Advogados (Brazil) In this podcast episode, three lawyers specializing in cross-border insolvency and litigation discuss recent developments in the United States, Great Britain, and Brazil. A Brazilian lawyer will discuss Brazil’s recent implementation of the UNCITRAL Model Law on Cross-Border Insolvency. An English solicitor will look at remedies available in the English courts to support efforts to recover assets, in accordance with the principles in the Model Law and more generally through Mareva/freezing injunctions and Norwich Pharmacal Orders. A U.S. lawyer will address the treatment of corporate groups in cross-border cases and recent decisions of interest arising under the Model Law. Click here to register The Effect of the General Data Protection Regulation on Discovery with Sequor Attorney Amanda Finley August 25, 2021 4PM EST This podcast episode will discuss the case law regarding the GDPR as interpreted under U.S. law. It will address the various approaches that U.S. courts have taken in response to objections to discovery based on the GDPR. Finally, it will address practical actions that both plaintiff and defense counsel may take in order to resolve these disputes effectively. Click here to register The Tangled Web They Weave: Detangling the Web of Nominees, Aiders and Abettors with Sequor Attorney Carolina Goncalves and Director of Investigations Barbara Miranda August 31, 2021 2PM EST Expert Guest Speaker: Julieta LaMalfa, Director of Disputes, Compliance & Investigations, Stout (US) The use of nominees, aiders and abettors to transfer and hide assets is common throughout all jurisdictions. Moreover, each jurisdiction has different levels of public records and information available to identify the ultimate beneficial owners of assets as well as laws related to piercing through these facades to ultimately access the assets of the debtor. With this in mind, this podcast is meant to give an introduction into the types of nominees, aiders and abettors, how to identify them, the availability of records reflecting ultimate beneficial ownership in various jurisdictions, and potential legal tools to use once you have sufficient evidence to show a judge that these individuals and/or entities are in fact nominees, aiders and/or abettors of the debtor. Click here to register 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.
- Art, Cars, Parrots and Other Spoils of Miami Fraud Lawyer Edward H. Davis| Sequor Law
Meet Sequor Law founding shareholder Edward H. Davis Jr., a Miami asset recovery attorney who pursues corrupt politicians and Ponzi schemers, seizing art, cars, and exotic assets worldwide. Art, Cars, Parrots and Other Spoils of Miami Fraud Lawyer Edward H. Davis Open In the News Open November 2, 2018 4 minutes read Sequor Law “Corruption is like an acid eating away the steel understructure of society,” said Edward H. Davis Jr. of Sequor Law, Miami, who’s made it his mission to pursue corrupt politicians and Ponzi-schemers hiding money, boats, sports cars and exotic pets around the globe.” By Raychel Lean Ask Miami asset recovery lawyer Edward H. Davis Jr. where in the world he hasn’t been, and he’ll have to pause for a moment to think. Israel — Davis hasn’t gone there yet. But by next week it’ll be the 81st country he’s visited, edging him one step closer to a spot in the Travelers’ Century Club. “You have to prove you’ve been to 100 countries to join,” Davis said. “I’m on my way.” Lucky for Davis, founding shareholder of Sequor Law, fraudsters don’t just leave stolen money in their backyard. They scatter it all over the globe, using it to buy outlandish collectibles, unconventional modes of transport and exotic pets. As a representative of fraud victims, it’s Davis’ job to seize those assets, sell them and return as much as possible to the client. “We’ve repossessed some very, very beautiful sports cars, yachts and airplanes. We’ve recovered land, houses, hotels,” Davis said. “One time we got a guy’s prized dog and prized parrot, and were able to sell them back to him for money to give to the victims.” Davis once recovered a Jean-Michel Basquiat painting, bought with money a fraudster had stolen from a Brazilian bank. He represented the liquidator in the case and sold the piece by the renowned painter for $13 million. “I hate to say this, but it looked like a 5-year- old drew it,” Davis said.” The fraudster paid $1.2 million for it, so we actually made money on that particular piece.” Davis also seized a Serge Poliakoff painting that once belonged to Edemar Cid Ferreira, former president of Brazilian bank Banco Santos, who was charged with money laundering. Offshore jurisdictions and remote islands are particularly popular hiding place for fraudsters, who “try to use places that are hard to get to and hard to find,” according to Davis. Mauritius, Guernsey, Dominica, the British Virgin Islands, Trinidad and Tobago, the Dutch and French sides of Saint Martin — all regular haunts. Davis has also been to Finland twice, but only to the airport, so it doesn’t count toward his 100-country goal. “I’m very strict about that,” he said. Early in his career, Davis represented a defrauded Guatemalan family business in a case spanning 10 jurisdictions . “I grew up dreaming about going to these places, and when you get there you still pinch yourself a little bit,” said Davis, who grew up in a tiny farm town near Buffalo, New York, where he said dairy cows outnumbered humans. Though it’s tough spending up to 100 nights away from home every year, the attorney says he still hasn’t gotten over the novelty. “I’ve been to Slovenia, Dubai, Hong Kong, India. I get to learn about other cultures, hear their language, eat their food, understand how they live,” Davis said. “And when you really get down to it, most people are pretty much the same. But instead of focusing on that 90 percent of stuff we all agree on, we tend to focus on the 10 percent that we disagree on.” The way Davis sees it, corruption is “the No. 1 thing that we have to fight in the world.” “Lack of medical care, lack of adequate clean water, food and housing can be stopped if we get rid of corruption,” he said. “It should be a human right to live in a society free from corruption, and it’s not.” On a daily basis, Davis encounters people who’ve lost everything “but the lint in their pocket,” so funding litigation can be a big problem. Third-party litigation funders have emerged in the last few years to help pay for asset recovery. But before then, Davis said, many cases languished and fraudsters went unpunished. Never a Pang of Guilt These criminals are almost always men — often “amazingly intelligent and charming” businessmen or politicians who, according to Davis, are “almost like computers,” unable to process emotion ”the way most normal human beings do.” “They can smile at you, tell you they love you, then steal your money and walk away, and never feel a pang of doubt, a pang of guilt. Nothing,” Davis said. “What’s really tragic is that most of them are so smart that they could actually do really well if they applied themselves.” At the beginning of every case, Davis and his team write two words on a white board — “We win.” “We ask every client, ‘What do you define as a win?’ Then we design a strategy to get to that point,” he said. Davis served as co-general counsel to the liquidators of Stanford International Bank in a case against Allen Stanford , the second most notorious Ponzi- schemer in history — after Bernie Madoff. He found many of Stanford’s victims were seniors, forced to return to work after losing their retirement. While sending perpetrators to jail provides a sense of justice, Davis admits this does nothing to restore what victims have lost. “Corruption is like an acid eating away the steel understructure of society,” he said. “If you let it get out of hand, and you don’t fight it and don’t get the money back, then eventually that acid will eat through the under-structure, the metal skeleton, and the whole society collapses.” Davis calls himself an “accidental lawyer,” having switched tracks from marine biology on a whim and taken the LSAT without studying. But since then, he’s developed an unwavering mission statement. “What I think we’re doing is restoring hope and trying to do our little part to help society work,” he said. “So much of what we have is based on trust, and the minute that people say they can’t trust, you’re done. We’re trying to counteract that.” Edward H. Davis Jr. Born: March 1962, Buffalo, New York Spouse: Kateri Davis Children: Ashley, Alissa and Jaclyn Davis Education: University of Miami, J.D., 1987; University of Miami, B.A., 1984 Experience: Founding shareholder, Sequor Law, 2017-present; founding shareholder, Astigarraga Davis, 2000-2017; founding shareholder, Davis, Devine, Goodman & Wells, 1998-1999; associate and partner, Steel Hector & Davis 1992-1998; law clerk and associate, Paul Landy Beiley & Harper, 1987- 1992. 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.
- EDITED US Government Repatriates 95 Artworks Linked to Disgraced Brazilian Financier former president of Banco Santos| Sequor Law
Sequor Law highlights the U.S. government's seizure and repatriation of 95 artworks tied to Banco Santos founder Edemar Cid Ferreira's money laundering scheme. US Government Repatriates 95 Artworks Linked to Disgraced Brazilian Financier Open In the News Open October 11, 2017 3 minutes read Sequor Law The blue-chip collection was part of a massive money laundering scheme. By Henri Neuendorf The United States has seized and returned 95 artworks valued in the tens of millions of dollars that once belonged to the disgraced Brazilian banker Edemar Cid Ferreira. The founder and former president of Banco Santos, Ferreira was convicted of money laundering and crimes against the national financial system in 2006 and is currently appealing against a 21-year prison sentence. During his tenure as president of Banco Santos, Ferreira bought dozens of works by blue-chip names including Jean-Michel Basquiat , Louise Bourgeois , Francis Picabia , Henry Moore , and Anish Kapoor . In 2006, a Brazilian court found that he bought the works with illegally obtained funds from Banco Santos and ruled that they should be seized and used to repay the bank’s creditors. But when Brazilian officials searched Ferreira’s home, storage facility, and offices in 2006, they discovered that much of the collection was missing. They have been on the hunt for them ever since. The collection was illegally smuggled out of Brazil between November 2004 and March 2005, according to authorities. The works were shipped through the US with false documentation, inaccurate valuations, and fabricated titles to locations in Switzerland, France, the Netherlands, and the UK. (For example, when the work by Basquiat, which has been appraised at $8 million, was sent to a New York storage facility from the Netherlands, the shipping invoice stated it was worth only $100.) Over the next 11 years, the US worked with Interpol and governments across Europe to locate the star-studded collection. Dutch authorities seized three crates containing 85 of the missing artworks from a storage facility and turned them over to US authorities; a UK-based auction house voluntarily handed over seven artworks to US law enforcement; the underwriters of an insurance policy to a company controlled by Ferreira handed over a painting by Rufino Tamayo ; and an unnamed New York gallery reached a settlement to jointly sell a painting by Helen Frankenthaler with the Brazilian judicial administrator in a deal approved in March 2017. Most recently, a Henry Moore statue was seized by French authorities from a storage facility and handed over to US authorities this summer. Why did it take so long to find and return the works? According to Arnoldo B. Lacayo of Sequor Law, one of the attorneys representing the Brazilian Judicial Administrator, the repatriation process was drawn out because the art was subject to complex criminal and bankruptcy cases in Brazil and the US. “The recovery process… has taken time but represents an important success on behalf of the many creditors of the Estate of Banco Santos who were hurt as a result of the illicit activity which resulted in the bank’s demise,” he says. “In short, while some of the art left Brazil as long ago as 2004, the criminal, bankruptcy and forfeiture cases only came later.” The latest repatriation comes after the US attorney returned five works —paintings by Jean-Michel Basquiat, Roy Lichtenstein , Joaquin Torres Garcia, Serge Poliakoff , and a Roman sculpture—valued at a combined $20–30 million to Brazil in June 2015. “These works were used to mask an audacious criminal scheme by Edemar Cid Ferreira,” acting Manhattan US attorney Joon H. Kim says in a statement . Thanks to efforts of the US attorney’s office and Homeland Security Investigations, “these treasured pieces will be returned to their rightful owner, the bankruptcy estate of Ferreira’s insolvent Banco Santos.” 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.
- Chambers 2020 Litigation Support Guide| Sequor Law
Sequor Law's Edward H. Davis Jr. and Cristina Vicens Beard discuss COVID-19-related fraud risks and litigation support strategies, featured in Chambers 2020 Litigation Support Guide. Chambers 2020 Litigation Support Guide Open Legal Insights Open September 22, 2020 10 minutes read Sequor Law Recovering our greatest asset: our creativity! by Edward H. Davis, Jr. and Cristina Vicens Beard Although the unprecedented Covid-19 pandemic continues to cause major disruptions and volatility in global markets, economies, and businesses, at least one group of individuals carries on undeterred: fraudsters, con artists, Ponzi schemers, and their ilk. Indeed, these bad actors are exploiting ever-increasing opportunities at a time when millions of people are seeking unemployment benefits, awaiting government financial aid, and desperately seeking to adapt or reinvent themselves in the face of this quickly evolving landscape. When the 2008 financial crisis exploded, it helped expose some of the largest and most infamous fraud schemes in world history, to wit: Madoff and Stanford. Now, as the tide precipitously recedes, many are predicting that it is a pre-cursor to a tsunami of newly discovered frauds, which will allow even more illicit conduct in the aftermath of this tragedy. While this means that asset recovery practitioners are likely to benefit from an influx of business due to newly dis-covered fraudulent schemes and an increase in related reorganization and liquidation proceedings, these new matters will not come without their challenges. This article seeks to provide an overview of the developments, hurdles, and trends in asset tracing and recovery in light of the coronavirus. This comes with a warning, however: as our current situation is so unprecedented and dynamic, it seems inevitable that any attempt to make predictions and identify trends carries with it the simultaneous risk of overstatement and understatement. On the one hand, when one is in the middle of a storm—regardless of its size—it is difficult for one to calculate the magnitude of the storm without a point of reference, or without being able to see the edges of the storm. As well, many of us want to understate the enormity of the changes we are facing as a coping mechanism—that is well within the range of normal human reactions to a crisis—but it should be consciously discount-ed as we attempt to make credible predictions and identify enduring trends. What is unique about this situation is that it is global and, even if you live in an area that is relatively untouched, it affects you due to travel, economic, and social restrictions that did not exist a few short months ago. Cross-border asset recovery practitioners are usually called to arms when (i) there is a high-value fraud or claim where the proceeds of the fraud may be on the move, and which claim has likely not yet resulted in a judgment or arbitral award (although the issues are just as alive in a post-judgment or post-award setting), (ii) the fraudster (or debtor) or its affiliates have an international footprint, but their assets do not appear to be readily collectible where the fraud was committed and/or where the judgment or award would be rendered, and (iii) there is a concern that the debtor will not have sufficient (or any) assets to satisfy the judgment or award, either in the situs of the fraud or in other jurisdictions where the proceeds may have been secreted. In other instances, cross-border asset recovery practitioners may get involved when (i) a foreign company or individual has entered reorganization or liquidation proceedings, (ii) the debtor’s insolvency was a result of a fraudulent scheme (i.e. corruption, embezzlement, or Ponzi schemes), and (iii) the debtor has assets (including third-party liability claims) in other jurisdictions. Oftentimes, the asset recovery team gets involved before litigation is commenced, or while litigation (sometimes horribly misguided litigation) is ongoing to ensure that, as they identify the path to victory for the victims/creditors, trial counsel also consider a viable post-judgment enforcement strategy. In reality, asset recovery practitioners – whether they be investigators, lawyers, or forensic accountants – are pathfinders, and those paths almost always take us into legal thickets that require legal, investigative, and forensic machetes. One of the first post-COVID-19 challenges we will face as asset recovery practitioners is non-existent or seriously limited personal contact with our clients, colleagues, witnesses, and the actual targets of our investigations and legal proceedings. In actual practice, asset recovery lawyers usually represent individuals or businesses that have been directly victimized by fraudsters, or court-appointed officers (such as trustees, liquidators, or judicial administrators) who are tasked with unraveling a fraud scheme and recovering value for the victims of their estates. Naturally, these clients are keen on avoiding being re-victimized by opportunistic service providers and, as a result, are more reluctant to trust, and ultimately engage, an experienced and vetted asset recovery team. In pre-COVID times, lawyers and other asset recovery professionals would travel across the globe to participate in scoping and tasking meetings with potential clients (including groups of victims, creditors’ committees, and corporate general counsel) to build relationships face to face and establish trust with the potential clients, who are already wary of having been victimized once. Being in the same room makes it easier to gauge a person’s body language, interpret social cues, and build the human capital that enables the asset recovery team to establish a trusting relationship with clients. This is just as true with witnesses, whistle-blowers, and even the suspects themselves who may feel bolder to tell half-truths, obfuscate, and outright lie as they hide behind technology and distance. Face-to-face meetings also enable the asset recovery team to more effectively “whiteboard” the case, engage in the creative brainstorming sessions, and devise a concrete action plan that will lead to meaningful value recovery for fraud victims and creditors. Today, when travel restrictions are mostly still in place and many of us are still working from home, it may be a challenge to develop a trusting relationship with the client, convey your expertise, and even land the case. Although many practitioners have embraced virtual solutions such as Zoom, WebEx, and other such technology, the reality is that nothing can truly substitute for an in-person meeting, especially when you are trying to convince a person who has been victimized by a fraudster that he or she should invest their resources and place their trust in you and your team to pursue their claim, enforce their judgment or otherwise recover the value stolen. Though asset recovery practitioners should accept, use, and master new technologies that enable them to participate in virtual meetings with potential clients, the most successful practitioners will be those who, pre-Cov-id, were able to establish and develop strong cross-border networks of experienced and resourceful asset recovery professionals, who, in turn, will be able to act as connectors and vouch for their colleagues’ reputation and expertise. For example, being a member of ICC FraudNet (recognized by Chambers as the world’s leading asset recovery legal net-work with more than 75 members in over 64 countries) has enabled the writers to quickly deploy an experienced team of financial fraud and asset recovery practitioners where the potential clients are located or, if at a later stage of the case, in almost any jurisdiction where assets may have been secreted. It is critical that the members of any such network be thoroughly vetted for their expertise and their ability to work in a team, which will lessen the need for face-to-face meetings. This aspect of Covid-19 also presents another upside. Courts are becoming more nimble and accessible as they move to technology-driven hearings and solutions. This will lessen response times, as obtaining a hearing date and coordinating schedules is less complicated when everyone’s feet are nailed to the floor. More accessible and responsive courts also mean that the cost of asset recovery will go down, as practitioners can focus more on the case and less on travel, which adds to the cost and stress of these heavily front-loaded and time-intensive cases. As well, fraudsters, Ponzi schemers, and confidence tricksters (con artists) are going to adapt, as they too will be limited in their interpersonal contacts due to the pandemic. So we should assume that more and more of this type of fraud will be internet-based, or at least rely heavily on non-personal con-tact based attempts to build affinity with their victims. This requires asset recovery practitioners to become more adept at computer-based forensics. We will also have to lead the charge to make changes to the legal environment that allows a level of anonymity on the internet, which protects, but also exposes, users. Legal regimes will have to evolve to a more balanced state that can protect privacy, but also recognize exceptions when there is sufficient cause to bring down the “wall” to retrieve evidence of fraud and corruption. Today, electronic communications are capable of being embedded with a level of confidentiality that far exceeds that which is available for the otherwise written word. The coronavirus has also impacted the gathering of intelligence and evidence. In reality, investigations have always, even in pre-COVID times, incorporated a mixture of in-person tactics and electronic data gathering techniques. The current (and future) shutdowns are less impactful when investigators are able to use sophisticated databases. Indeed, investigators continue to make use of personal, financial, real estate, and business-related databases to assess the viability of enforcement strategies. In fact, most clients are now more likely to request comprehensive preliminary asset investigations before deciding whether to commence legal proceedings against a target. After all, without a plan built around value recovery, a plan (or even a judgment for that matter) is just a piece of paper. This situation will hopefully lead to more comprehensive databases now that the economics will favor their creation and upkeep, and will force investigators to use them more creatively to look for intelligence and evidence that assists the goal of the asset recovery plan. Nevertheless, electronic research alone rarely cracks any case by itself but is most effective when combined with intelligence gathered in person, via interviews, surveillance, and conversations with industry leaders. Before, asset recovery practitioners in a cross-border fraud case would likely have had to travel to multiple countries to interview fact witnesses and experts in person. Now, with travel restrictions in place, most fact-gathering interviews have shifted almost seamlessly to virtual spaces and are progressing as strongly as before (at least with respect to non-adversarial witnesses). Surveillance, however, is trickier. Because the circumstances of the pandemic have forced many to self-isolate at home, in some respects, some targets are easy to locate and surveil. Others, after stealing millions of dollars from their victims, are able to hide behind gates, robust security systems, or in off-the-grid remote getaways. Just recently, a fugitive art dealer, who is alleged to have defrauded numerous art collectors in a form of a Ponzi scheme, was arrested on the Pacific island of Vanuatu! One has to believe that he was limited in his escape route options due to the pandemic and, once “stuck” in Vanuatu, literally had nowhere else to run. Therefore, one positive aspect may be that, with less opportunity to travel freely, many fraudsters and targets of investigations are leaving behind a discover-able digital footprint that will later assist the investigators and asset recovery teams in their enforcement and recovery efforts, as well as to locate the fraudster. T he process of gathering evidence, as opposed to intelligence, is also going to have to be streamlined to allow the leveling of the playing field between victim and fraudster. Typically, victims are disadvantaged by a monstrous information deficit. The fraudster knows exactly what happened and where everything (including the evidence) is located. On the other hand, the victims feel as if they have been run over by a truck and then thrown into a dark room, and have first to find the light switch before they can even begin to “get the license plate” of that truck! That has to change, and courts and governments are going to have to lower the bar to obtain information once the appropriate showing is made of the victim’s status and injuries. One example of how evidence gathering has been stream-lined in the United States to assist offshore litigation (this is especially true in asset recovery cases) involves the device colloquially referred to as “Section 1782,” which is codified at 28 U.S.C. § 1782. Section 1782 allows interested parties to request judicial assistance from US federal courts to obtain US-style discovery for use in foreign proceedings. As well, the UNCITRAL Model Law on Cross-Border Insolvency (“Model Law”), as codified in Chapter 15 of the US Bankruptcy Code, is another powerful tool for use by victims and of-fice holders who are representing them. The Model Law is very useful in all jurisdictions in which it has been adopted and fully enacted—not just the United States. Among other things, Chapter 15 allows a foreign liquidator or trustee to seek recognition as such in the United States, which enables the liquidator to realize and administer the debtor’s assets in the United States and to take broad discovery relating to the debtor. Both of these devices allow victims and officeholders to obtain documentary and testimonial evidence in furtherance of their asset tracking and recovery efforts and, sometimes, those efforts can be sealed and gagged when circumstances permit, to allow stealthy stalking of the fraudster and the proceeds of the fraud. Asset recovery law-yers are still regularly deploying these evidence-gathering tools, and the effectiveness of those tools has not been diminished by the consequences of the pandemic. To the contrary, because most civil courts have closed for in-person business, judges are deciding Section 1782 and Chapter 15 petitions “on the papers,” and hearings, if and when necessary, are conducted virtually, which translates into reduced fees and costs for the clients as well as demonstrably faster action. Subsequently, when courts authorize the issuance of subpoenas, third-party witnesses, such as banks and other professional associations, have put in place systems to receive alternative service (via mail, for example), which further streamlines the discovery process. In the short term, courts have been able to adapt and continue delivering justice to their constituencies, but the physical closure of courts for most in-person business also presents obstacles, particularly when it comes to enforcement of domestic or international orders or judgments. For example, except in criminal cases, most state authorities and the US Marshal’s office stopped carrying out seizure orders and, when they start reopening, they expect to have large backlogs. This may present serious difficulties in cases where urgent relief is needed because there is evidence of the dissipation of assets or other circumstances. On the other hand, a slow-down of the courts’ docket may be the perfect opportunity for savvy asset recovery practitioners to take a step back, reassess the objectives, identify new opportunities and targets, and collaborate with investigators, forensic accountants, insolvency practitioners, and others to achieve a full recovery for their clients. Although uncertainty abounds in the era of the coronavirus, at least one thing is clear: lawyers, forensic accountants, investigators, litigation funders, insolvency practitioners, and other professionals in the asset tracing and recovery field are more likely to achieve substantial recoveries for their clients when they have access to a robust cadre of cross-border professionals and when they (and their clients) are willing to employ tremendous creativity, flexibility, and relentless resolve. While the coronavirus pandemic looks like it is here to stay, and will have an impact on all of our personal and professional lives, we can find solutions, collectively, to limit how fraudsters benefit from the current circumstances, and we can develop new tools to make recoveries more attainable if we creatively apply ourselves as a unified community with an open-minded exchange of ideas. 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.
- New ‘Substantial Doubt’ Standard for Foreign Judgment Enforcement in Fla.| Sequor Law
Sequor Law analyzes Florida's new 'substantial doubt' standard for recognizing foreign judgments and its implications for creditors seeking enforcement in Florida courts. New ‘Substantial Doubt’ Standard for Foreign Judgment Enforcement in Fla. Open Legal Insights Open August 7, 2018 3 minutes read Sequor Law A recent change to a state law concerning the recognition and enforcement of foreign judgments in Florida may make it easier to avoid payment of valid debts. By Arnoldo B. Lacayo, Juan J. Mendoza and Andres H. Sandoval Left to right: Juan Mendoza, Andres Sandoval and Arnoldo B. Lacayo, Sequor Law A recent change to a state law concerning the recognition and enforcement of foreign judgments in Florida may make it easier to avoid payment of valid debts. An amendment to the Uniform Out-of-Country Foreign Money- Judgment Recognition Act (the act) adds two further grounds for denial of recognition of foreign country money-judgments, potentially making it harder to recognize and enforce foreign judgments in the Sunshine State, a jurisdiction already viewed domestically and abroad as a debtor’s haven due to its generous exemptions. On March 19, House Bill No. 623 was signed into law and, per Article III, Section 9 of the Florida Constitution, went into effect on May 9. The bill adds two discretionary grounds to Section 55.605(2), Fla. Stat., to challenge recognition of a foreign money-judgment. Under these additional grounds, a Florida court need not recognize a foreign money-judgment if the judgment was rendered in circumstances that “raise substantial doubt about the integrity of the rendering court” or “the specific proceeding in the foreign court leading to the judgment was not compatible with the requirements of due process of law.” These new grounds apply only to judgments of other countries and not to judgments of other U.S. states, territories or commonwealths. Enacted in Florida in 1994, the act largely follows the 1962 version of the Uniform Foreign Money-Judgments Recognition Act (the Uniform Act), promulgated by the National Conference of Commissioners on Uniform State Law (the NCCUSL). The act applies to final, conclusive, and enforceable money-judgments of other countries. Generally, such judgments are entitled to recognition under the act; however, there are several mandatory and discretionary grounds set forth in Section 55.605, Fla. Stat., upon which a court may deny recognition. While the purpose of the act is to “provide a speedy and certain framework for recognition of foreign judgments,” Laager v. Kruger, 702 So. 2d 1362, 1363 (Fla. 3d DCA 1997), in practice, this may not be the case. At first glance, the new amendment may seem unnecessary as the act already provides avenues to challenge recognition of a foreign judgment if it is “rendered under a system which does not provide impartial tribunals or procedures compatible with the requirements of due process of law,” or if it is “obtained by fraud.” The official comment to the Uniform Act draws a distinction between the new and existing grounds by stating that the focus of these two new grounds is on the integrity and procedure of the specific court that rendered the judgment, rather than on the judicial system of the foreign country. Nevertheless, one potential concern is that the amendment invites a case-by-case review of foreign judgments, rather than further the “speedy and certain framework” the act intended to establish. This concern is compounded by the uncertainty as to the application of the nebulous “substantial doubt” standard when evaluating the “integrity” of the foreign court. Based on this language, some may argue that a debtor need only present enough evidence to raise substantial doubt in the mind of the trier of fact rather than affirmatively demonstrating fraud. Thusly, at face value, the amendment appears to welcome the enterprising debtor to argue the interpretation and limits of these new provisions in an effort to delay and possibly frustrate the recognition and enforcement of a legitimate foreign judgment. Though the “substantial doubt” standard appears broad and ambiguous, it should in fact be narrowly interpreted. The NCCUSL explains that the standard is tantamount to “a showing of corruption in the particular case that had an impact on the judgment that was rendered.” At least two courts have followed the NCCUSL’s guidance in this respect. See In re Carmona, No. 16-50155, 2018 WL 889358, at *13 (Bankr. S.D. Tex. Jan. 19, 2018); Savage v. Zelent, 243 N.C. App. 535, 545 (2015). Neither found “substantial doubt” as to the integrity of the foreign court. In short, the new amendment may leave room for abuse if courts do not adhere to the guidance of the Uniform Act and the interpretation of other courts. If so, the nebulous “substantial doubt” standard should have minimal impact for experienced creditor’s rights and asset recovery lawyers seeking to enforce valid foreign judgments entitled to recognition in 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.











