A To-Do List For Day 1 Of Federal Court Receivership

Law360, New York (March 10, 2014, 1:59 PM EDT) -- Day one of a federal court receivership is an exciting and critical day. A federal district court has appointed you (or your client) as receiver over something; it may be an ongoing business, a property, monetary funds, an asset, or something else.

This article addresses receiverships over an ongoing business allegedly operating an investment or consumer-related fraudulent enterprise, brought by federal civil enforcement agencies such as the U.S. Securities and Exchange Commission, the Federal Trade Commission and/or the Commodity Futures Trading Commission. However, many of the below concepts will apply in any receivership, including those in state court.

Although the order...

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