Main Content

Issues

TCH Files Brief on “Ponzi-Scheme Presumption”

The Clearing House (TCH) filed an amicus brief with the Minnesota Supreme Court in Finn v. Alliance Bank. The brief argued that the presumption that any payment or transfer made by a person who was engaged in a Ponzi scheme was made in furtherance of the scheme and therefore should be void as fraudulent is not appropriate with respect to loan repayments made in accordance to contractual terms, as such payments do not deplete the assets of the debtor that are available for its creditors.