Trustee clawbacks on hold till Merrill’s criminal trial
Back in April the TelexFree Trustee filed a host of clawback adversary proceedings against TelexFree insiders.
The Trustee was required to commence the Adversary Proceeding before the
Criminal Action could be resolved because the expiration of the Statute of Limitation relevant to these actions was approaching and was clearly going to expire before the Criminal Action was resolved.
However, in commencing these actions, the Trustee does not intend to interfere with the proper administration of the Criminal Actions nor prejudice the Government’s prosecution of those actions.
Now, in an attempt to rectify possible interference, the Trustee has filed for a stay on the clawback proceedings.
Of concern is that the Trustee’s clawback proceedings would potentially
permit the targets of the Criminal Action to use the Adversary Proceeding to conduct discovery, which could result in the premature and broad disclosure of the essentials of the Government’s case in chief, allowing the defense to tailor its presentation to meet that anticipated proof.
Additionally, the use of discovery in the Adversary Proceeding could be used to harass or intimidate potential witnesses for the Government, some of whom are also named as Defendants in the Adversary Proceeding.
Whether any of the TelexFree insiders the Trustee has sued are indeed witnesses for the DOJ is not disclosed.
If the court grants the Trustee’s request for a stay, all of the clawback adversary proceedings will be put on hold till Merrill’s criminal trial in October.