The following summaries provide a very small selection of standard representative matters Michael Lynch is or has handled solely and/or as lead trial counsel.
Lynch Law Practice represents the full federal equity Receiver in the case styled Securities and Exchange Commission v. Edwin Yoshihiro Fujinaga and MRI International, Inc., et al., Civil Action No. 2:13-CV-1658 JCM (CWH) (D. Nev.). https://www.sec.gov/litigation/litreleases/2015/lr23184.htm. The Receiver was appointed to, among other things, enforce the final judgment entered on January 27, 2015, the Honorable James C. Mahan, United States District Judge for the District of Nevada, entered against defendants Edwin Fujinaga and MRI International, Inc. and several relief defendants. The final judgment requires the defendants to pay more than $580 million as the outcome of a civil enforcement action originally filed in September 2013.
Michael has successfully preserved the rights of creditors and claimants in approximately 100 bankruptcy cases and proceedings to the extent allowable under the Bankruptcy Code, including representing a Chapter 11 bankruptcy trustee by prosecuting over 30 adversary proceedings involving a Ponzi scheme, several dozens of investors, and tens of millions of dollars in assets and claims.
Michael obtained judgment in favor of his clients after a 9-day bench trial by establishing by clear and convincing evidence that the owner of 24/7 Private Vaults had intentionally misrepresented the protections offered by the private vaults despite an aggressive defense based in part on a vault rental contract with broad exculpatory provisions. Burns vs. 24-7 Private Vaults and Elliot Shaikin, Case No. A-12-673822-C in the Eighth Judicial District Court in and for Clark County, Nevada.
Entirely on a pro bono basis, Michael took a case to trial in the United States Bankruptcy Court for the District of Nevada by proving debtor intentionally defrauded client by making promises to repay while never intending to do so. The judgment included findings that the debt was non-dischargeable in bankruptcy as fraud under 11 U.S.C. 523(a)(2)(A). Saliola vs. Guizar-Alvarez, Adv. Proc. No. 11-01044-lbr.
Michael successfully defended financial advisors in 3-day administrative evidentiary proceeding before the Financial Industry Regulatory Authority (FINRA, formally known as NASD) for alleged violations of a non-solicitation agreement.
Michael also secured the denial of a writ of mandamus by the Nevada Supreme Court, in which the petitioner challenged the standing of a trustee for a mortgaged-backed security (MBS) to seek and obtain a receiver. Three Seas, LLC vs. EDCR District Court and Wells Fargo Bank Minnesota, N.A., Nevada Supreme Court Case No. 59182.
Michael successfully first-chaired a 4-day civil trial, by proving fraud, alter-ego, civil conspiracy, misrepresentation, and conversion against a borrower and his related entity. Also proved a licensed escrow agent was guilty of civil conspiracy with the borrower and was liable for breach of fiduciary duty to clients. Michael and Geraldine Pivar vs. King David, River of Jewels, LLC, Simon S. Abraham, Southwest Title Company, and Dale E. Puhl, Eighth Judicial District Court, State of Nevada, Case No. A491509.
Further, Michael successfully first-chaired a 4-day arbitration, obtaining decision and confirming judgment for his client, a minority and limited partner in a private venture, by proving the managing general partner had improperly withheld limited partner’s rightful share of a distribution upon the dissolution of that partnership. Ronald Clark vs. James Donofrio et al., Eighth Judicial District Court, State of Nevada, Case No. A533873.