Overview
Chris Paparella, Justin Ben-Asher, and Kirsten Bickelman co-authored the USA chapter in Commercial Dispute Resolution's "CDR Essential Intelligence - Fraud, Asset Tracing & Recovery 2026." The "USA" chapter provides a comprehensive overview of the US legal framework for fraud, asset tracing, and asset recovery, explaining how victims can pursue stolen or misappropriated assets through civil litigation, criminal enforcement, insolvency proceedings, and judgment enforcement.
The chapter also addresses parallel civil‑criminal proceedings, pre‑ and post‑judgment asset restraints, bankruptcy claw‑backs, arbitration, and cross‑border judgment recognition. Finally, it examines modern challenges and developments affecting asset recovery, including the growing role of technology, digital currencies, and recent Supreme Court guidance on what constitutes a "domestic injury" for civil RICO claims, underscoring why the US remains a powerful forum for global fraud recovery efforts.
