Principled Performance.

Solutions: Agencies

Whether government agencies drive litigation on illegal practices or have a stake in distressed business proceedings, Whitmer & Ehrman understand regulatory realities. Serving as fiduciaries, representing fiduciaries or representing parties, we grasp imperatives that govern SEC and FTC, CFTC and SIPC, PBGC and EPA action. We respect the requirements of state offices, from attorneys general to departments responsible for OSHA, public utilities, environmental protection, health, and insurance. Our years of concrete experience translate into courtroom performance distinguished by

• ready knowledge of relevant regulatory law, issues and procedures

• sophisticated understanding of case law applicable to particularities before the court

• thoughtful solutions that balance court and regulatory principles with parties’ interests

• procedural efficiency

• accuracy and speed built into state-of-the-art receivership management software

We've built a strong foundation on federal receivership services

We understand receivership as a strategic means for achieving clarity as to facts and equity as to outcome for the court, the enforcing agency, and those protected by laws and regulations.

We practice receivership efficiently. We definitively distinguish the particularity of Ponzi and other schemes, trace and meet evidentiary burdens for fraudulent transfers, illegal trade practices, tax shelter scams, mismanagement. Jim Ehrman’s recent work as receiver in an SEC matter is a case in point. We build on Mary Whitmer’s wide-ranging experience as counsel for the Dottore Companies, represented on the board of the National Association of Federal Receivers by Mark Dottore. The resulting fusion of legal and business acumen organizes well-run receiverships structured to secure assets, maximize value to beneficiaries, stabilize operations and quickly determine whether and how an enterprise can be run profitably and lawfully.

We respect receivership as an arm of the court. That means responsible administration, notice, forensic accounting, record-keeping and reporting practices. We prioritize communication—with the court, the agency, wronged parties, and ancillary interests that may range from the IRS to employees and vendors. We take seriously the duty of distributing assets according to the law.

From every perspective—judicial, regulatory, administrative, business—our team has constructed a lean receivership infrastructure that positions us to render value-driven performance. We

• maintain neutrality toward all litigants

• perfect the understanding and integrity of the court in the exercise of its supervisory powers in complicated legal terrain

• meet the regulatory and administrative requirements of enforcement agencies

• maximize recovery and equitable allocation of funds to multiple parties

• report efficiently, accurately, and completely

• generate timely, practical solutions

The principles and values that guide our action in federal receiverships are the same ones we apply as receivers, counsel, trustees, executors or examiners in a variety of other matters involving fraud, troubled businesses, and distressed or disputed assets before courts at all levels.