Mitigation Banking and Takings Article
Date of Publication:
Recommended Citation
Royal C. Gardner, Mitigation Banking and Takings, 34 Nat'l Wetlands Newsletter 7– (2012)Clicking on the button will copy the full recommended citation.
Date of Publication:
Royal C. Gardner, Mitigation Banking and Takings, 34 Nat'l Wetlands Newsletter 7– (2012)Clicking on the button will copy the full recommended citation.
Date of Publication:
Grant Christensen, Allocating Loss in Securities Fraud: Time to Adopt a Uniform for the Special Case of Ponzi Schemes, 3 Wm. & Mary Bus. L. Rev. 309 (2012)Clicking on the button will copy the full recommended citation.
The Global Financial Crisis precipitated a condensing of capital and a fall in global equities markets that resulted not solely in the necessity of government bailouts of the financial industry but also exposed a number of Ponzi schemes that collectively will cost investors tens of billions of dollars. With a new wave of litigation by innocent investors against Ponzi scheme operators just beginning, and likely to take years, it becomes important to clearly identify the methodologies used to value the loss and allocate existing assets among remaining creditors. To that end I offer this article to argue that courts ought to use a comparatively new approach – the loss to the losing victim methodology originally pioneered in criminal law – to determine how equally innocent victims share the losses these schemes precipitated. By standardizing the calculation of loss to investors in both criminal and civil law, the courts will not only make the determination of loss considerably easier, but also more equitable.