Clawback in a Ponzi Scheme – Maximum Tax Recovery

  • Updated with new Trump 2017 Tax Cut and Jobs Act
  • Florida Bar CLE Credits: 2.0
  • CLE CREDIT NOTE: The Florida Bar requires the full presentation is viewed and the survey at the end of the presentation is completed, before credits can be provided. Thank you.


  • Total presentation time: 01:32:07

Seminar Outline (Pre-Trump):

  • Review of Direct Ponzi Scheme Losses
  • Clawbacks
  • Mitigation
  • Ponzi Loss – Summarize
  • Clawback – Tax Profits
  • Clawback – Principal
  • Summary
  • Safe Harbor
  • Net Operating Losses

Presentation Resources: Taxation of a Clawback in a Ponzi Scheme

  1. Presentation slides: download slides as pdf
  2. 2016 Seminar script: view text or download as pdf
  3. IRS Revenue Ruling: download as pdf
  4. Revenue Procedure: download as pdf

Report to Congress: Customer Outcomes in the Madoff Liquidation Proceeding

The U.S. Government Accountability Office (GAO) is an independent, nonpartisan agency that works for Congress. Often called the “congressional watchdog,” GAO investigates how the federal government spends taxpayer dollars. View letter from GAO to Richard Lehman regarding his assistance.