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A $3.5 billion asset forfeiture case that the U.S. Department of Justice (DOJ) brought in July grabbed the public's attention for the alleged purchases involved: a luxury jet, a Beverly Hills mansion, Las Vegas casino junkets and a stake in the Leonardo DiCaprio movie The Wolf of Wall Street. See “Big Law Firms Play Cameos in 'Wolf of Wall Street' Forfeiture Case,” Law.com, http://bit.ly/2bAw3To.
But for experts on how law firms handle client funds, another detail in the case may merit special scrutiny. Prosecutors claim that prominent law firms used lawyer trust accounts to hold huge sums allegedly pilfered from the government of Malaysia and laundered through U.S. institutions.
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The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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