James D. Silver

Samples of Significant Representations

• Bankruptcy representation of largest victims group of more than 80 defrauded investors in the $1.2 billion Ponzi scheme involving Scott Rothstein’s defunct 70 attorney law firm, for which Mr. Silver received a “Most Effective Lawyers award in the bankruptcy filed from the Daily Business Review. Also assisted in state court litigation issues in the aiding and abetting fraud claims brought against the major banks with the defunct law firm’s accounts. The representation ultimately resulted in recovery of approximately a quarter billion dollars for the client groups. Also defended a number of the victim creditors in adversary proceedings brought against them by the bankruptcy trustee, including preference and fraudulent transfer claims. When a global resolution was reached in the bankruptcy, all of these suits were dismissed.
• Lead counsel for the City of Port Saint Lucie in successfully obtaining a receiver for a non-profit biomedical research institute over substantial opposition. The receiver was sought in connection with the non-profit entity’s default on over $60 million in municipal financing used to acquire a 100,000 square foot state-of- the-art building to house the institute.
• Appointed Receiver in SEC enforcement action by United States District Court, Middle District of Florida, over various entities engaged in a multi-state Ponzi-scheme involving wireless credit card terminals. Mr. Silver: (i) administered receiver estate, (ii) oversaw and participated in investigation and litigation to recover funds for the defrauded investors, and (iii) developed and oversaw claims procedure for the receivership and distribution of recovered funds on account of claims in the receivership. Testified at trial in Texas of principal of receivership entities who was found guilty and sentenced to 99 years in prison.
• Lead bankruptcy counsel for State of Florida Department of Economic Opportunity contesting removal of its state court fraud related litigation to the bankruptcy court for the Southern District of Florida in connection with the Chapter 11 bankruptcy of a digital effects company. Successful in having bankruptcy court abstain from removed litigation and having same remanded to the State Court.
• Represented Creditors’ Committee and ultimately, Liquidating Trustee in Chapter 11 bankruptcy of publicly traded fragrance distributor alleged to be involved in extensive fraud on Bank Group holding $65 million of loans secured by receivables and inventory. Headed up investigation and settlement of various litigation and pre-litigation claims against parties alleged to have aided the claimed fraud. Negotiated Chapter 11 liquidating plan in which Bank Group contributed its fraud claims in exchange for release of potential equitable subordination claims and for participation in recoveries.
• Lead bankruptcy counsel for Bank assignee in Chapter 11 bankruptcy of affiliate of individual corporate guarantor against whom a judgment for over $40 million had been entered, and against whom a freeze order had been entered freezing more than $40 million in assets held in an offshore Cayman Island trust. Ultimately, assisted in negotiating a settlement for more than $30 million at a bankruptcy judicial settlement conference.
• Lead bankruptcy counsel representing lab in connection with a Chapter 11 bankruptcy of a rural hospital in which the Debtor and Creditors Committee asserted that bankruptcy estate had over $67 million in claims against client. Participated in multiple mediations and entry into and bankruptcy court approval of a comprehensive settlement agreement, and subsequently an amended settlement agreement.
• Assisted in bank representation in Chapter 11 bankruptcy of health care magnate who at one time had net worth of approximately $500 million, and who owned a 33,000 square foot mansion on the ocean in Palm Beach. The mansion ultimately sold to Donald Trump for $41.4 million. Involved in fraud investigation, discovery, and other aspects of bankruptcy.