Matters we handle
- Business fraud, material misrepresentations and concealment in commercial dealings.
- Fraudulent transfers and other transactions intended to frustrate collection.
- Diversion of loan proceeds, business revenue, collateral or sale proceeds.
- Insider transactions, related entities and disputed ownership of assets.
- Successor liability, civil conspiracy and veil-piercing claims supported by the record.
- Fraud-related disputes involving farms, agribusinesses, livestock and grain buyers.
Financial institutions facing disputes over fraudulent wire transfers or ACH transactions can explore our wire transfer and ACH fraud litigation practice.
Following the evidence and the assets
The starting point is often a mismatch: the borrower that incurred the debt no longer holds the assets, a different company receives the revenue, or a relative claims ownership of property that secured the loan. We examine the transaction history and test those explanations against financial records, contracts, ownership documents and testimony.
A misrepresentation claim, a fraudulent-transfer claim and an action to enforce a security interest require different proof. We identify the claims the evidence supports and evaluate the assets a judgment could reach. Where urgency warrants it, that assessment includes available provisional remedies, receivership and coordination with bankruptcy counsel.
Matthew has also taught attorneys about fraud and voidable transfers, including as a presenter at Minnesota Continuing Legal Education’s Effective Civil Litigator program on September 30, 2015.
Representative results
Glenwood State Bank
A trial victory exposing fraudulent transfers and establishing successor liability in litigation involving related earthmoving businesses. The challenged judgments were affirmed on appeal.
Bremer Bank
Summary judgment on contested fraudulent-transfer claims, a $499,309.36 damages award and an order enforcing the bank’s rights to cattle-sale proceeds.
Star Bank v. Anderson
Litigation arising from a grain-fronting scheme, including an appellate decision affirming summary judgment enforcing the bank’s security interest against the grain buyer.
The case pages explain the particular claims, rulings and Matthew’s role. Results depend on the facts and law of each matter.
National continuing legal education presentations on fraud litigation
Matthew Bialick’s presentations in national continuing legal education programs offered through Strafford and BARBRI–Strafford included fraud litigation in the agricultural sector. These discussions formed part of his presentations on farm litigation, workouts and agricultural finance.
Discuss a fraud or asset recovery matter
Contact Matthew Bialick at 952-239-3095 or matthew@mjblawmn.com. Identify the parties and any urgent deadline when you first contact the firm. We can then arrange a conflict check and an appropriate way to share records.