Business Litigation
Commercial Litigation
Complex Commercial Disputes
Corporate Reorganization
Creditors’ Rights
Employment Litigation
Franchise / Hotel Litigation
Litigation
Real Estate Litigation
Receiverships
Securities Fraud Litigation
Mr. Crawford has more than 23 years of experience in handling complex
commercial litigation, including securities fraud, receiverships, ERISA,
employment, insurance and general business disputes.
Mr. Crawford has successfully represented clients in a wide range of
complex commercial litigation, including cases involving:
• Securities Fraud
• Oil and Gas Fraud
• Software licensing issues
• Employment disputes, including proprietary information, agreements
and covenants not to compete
• Stock option agreements
• Copyright issues
• Insurance coverage disputes
• Shareholder disputes
• Partnership disputes
• Franchisor/Franchisee disputes
• Real estate disputes
• Telecommunication issues
• Creditors asserting claims in bankruptcy
• ERISA
Receiverships
Mr. Crawford has extensive experience in federal and state court receiverships,
as listed:
U.S. Commodity Futures Trading Commission v. ProfitStars Int’l Corp., et al.; (Judge Engelmayer); Civil Action No. 1:11-CV-07742 in the United States District Court for the Southern District of New York – Appointed as Receiver in November, 2011 to take possession of approximately $2.5 million and distribute the monies to a pool of Forex investors.
State of Texas v. James L. Watts, et al.; (Judge Orlinda Naranjo); Civil Action No.D-1-GV-07-000295 in the 419th Judicial District Court of Travis County, Texas - Appointed as Receiver and Master in Chancery in October, 2011 to recover assets to pay to State of Texas as judgment creditor.
U.S. Commodity Futures Trading Commission v. Financial Robotics, Inc., et al.; (Judge Rosenthal); Civil Action No. 4:11-CV-2446 in the United States District Court for the Southern District of Texas, Houston Division - Appointed as Receiver in June, 2011 in $9 million solicitation fraud scheme.
Securities and Exchange Commission v. Rockwell Energy of Texas, LLC, et al.; (Judge Ellison); Civil Action No. 409-cv-4080 in the United States District Court for the Southern District of Texas, Houston Division - Appointed as Special Master in May, 2011 in $5 million oil and gas scheme.
State of Texas v. Rafael Pinedo, et al.; (Judge Triana- Doyal); Civil Action No. D-1-GV-09-000472 in the 200th Judicial District Court of Travis County, Texas - Appointed as Receiver and Master in Chancery in June, 2011 to recover assets to pay to State of Texas as judgment creditor.
U.S. Commodity Futures Trading Commission v. Richard D. Theye and Micind Capital Management, Inc. (Judge Sparks); Civil Action No. 1:10-CV-3855 in the United States District Court for the Western District of Texas, Austin Division - Appointed as Receiver in August, 2010 in $6 million commodity pool operated as a Ponzi scheme.
Securities and Exchange Commission v. Jon C. Ginder, Northamerican Energy Group, Inc., et al. (Judge Lake); Civil Action No. 4:10-CV-2867 in the United States District Court for the Southern District of Texas, Houston Division - Appointed as Receiver in August, 2010 of oil and gas company that owns working interests and oil and gas leases.
Securities and Exchange Commission v. Alan Todd May and Prosper Oil & Gas, Inc., a/k/a Prosper Energy Inc. (Judge Lindsay); Civil Action No. 3:10-CV-0425 in the United States District Court for the Northern District of Texas, Dallas Division - Appointed as Receiver in March, 2010 in fraudulent Ponzi scheme operated by an oil and gas company through the sale of royalty interests.
U.S. Commodity Futures Trading Commission v. M25 Investments, Inc., M37 Investments, LLC, Scott P. Kear, Sr., Jeffrey L. Lyon, and David G. Seaman; (Judge Lynn); Civil Action No. 3:09-CV- 1831 in the United States District Court for the Northern District of Texas, Dallas Division - Appointed as Receiver in September, 2009 in $7.4 million commodities trading scheme.
Securities and Exchange Commission v. Paul D. Poetter, 4309, Inc., 4309 Acquisition Trust, and AMS-TEC Acquisition Trust; (Judge Schneider); Civil Action No. 6:09-CV-398 in the United States District Court for the Eastern District of Texas, Tyler Division - Appointed as Receiver in October, 2009 in $5 million investment scheme involving 2,200 investors.
Bank of America, NA/Countrywide Bank, FSB
v. Portrait Homes – Dallas County, Travis County, Williamson
County – Appointed as Receiver in August, 2009 of more
than 100 properties in action by lender against debtor regarding
default of $95 million loan.
Securities and Exchange Commission v. Star
Exploration, Inc., James T. Gurgainers, et al.;(Judge O’Connor); Civil Action No. 3:08-CV-2248
in the United States District Court for the Northern District of Texas,
Dallas Division – Appointed as Receiver in December, 2008 in
$14 million oil and gas scheme.
U.S. Commodity Futures Trading Commission v. George
D. Hudgins, individually and d/b/a George D. Hudgins, L.L.C.; (Judge
Davis); Civil Action No. 6:08-CV-0187 in the United States District
Court for the Eastern District of Texas, Tyler Division – Appointed
as Receiver in May, 2008 in $72 million commodities pool trading scheme.
Return to investors was approximately 39 percent.
Securities and Exchange Commission v. Petrosite Assests, Inc., Iran
Dearaujo and Wesley A. Harbinson Jr.;
(Judge Godbey); Civil Action No. 3:06-CV1611-N in the United States
District Court for the Northern District of Texas, Dallas Division – Appointed
as Receiver in September, 2006 in oil and gas and jewelry investment
scheme.
Securities and Exchange Commission v. Premium
Income Corporation, et al.;
(Judge Boyle); Civil Action No. 3:05-CV-0415 in the United States District
Court for the Northern District of Texas, Dallas Division – Appointed
as Receiver in March, 2005 in $11 million foreign currency exchange
scheme. Return to investors was approximately 37 percent.
U.S. Commodity Futures Trading Commission
v. Premium Income Corporation, et al.;
(Judge Boyle); Civil Action No. 3:05-CV-0416 in the United States District
Court for the Northern District of Texas, Dallas Division (related
to foregoing case brought by Securities and Exchange Commission) – Appointed
as Receiver in March, 2005 in $11 million foreign currency exchange
scheme. Return to investors was approximately 37 percent.
Securities and Exchange Commission v.
C-Tech, L.L.P. and Robert Schlotterbeck;
(Judge Solis);Civil Action No. 3:01-CV2542-P in the United States District
Court for the Northern District of Texas, Dallas Division – Appointed
as Receiver in $4 million oil and gas venture. Return to investors
was more than 40 percent.
Securities and Exchange Commission v.
Resource Development International, LLC, et al.;
(Judge Buchmeyer); Civil Action No. 3:02-CV-0605-R in the United States
District Court for the Northern District of Texas, Dallas Division – Currently
serving as counsel to Receiver in $73 million Ponzi scheme involving
more than 1,500 investors. Return to investors is currently unknown.
Securities and Exchange Commission v. Benjamin Franklin Cook, individually
and doing business as Dennel Finance Limited, et al.;
(Judge Buchmeyer); Civil Action No. 3:99 CV0571-R in the United States
District Court for the Northern District of Texas, Dallas Division – Served
as counsel to Receiver in $35 million Ponzi scheme where return to
investors was approximately 60 percent.
Diamond Benefits Life Insurance Company, in
Receivership – Served
as Texas counsel to the Special Deputy Receiver appointed by the Arizona
Department of Insurance in insurance insolvency case in which claims
exceeded $22 million.
American Bonding Company, in Receivership – Served
as Texas counsel to the Special Deputy Receiver appointed by the Arizona
Department of Insurance in defending the Receiver in lawsuit brought
in federal court in Dallas.
Great Global Life Insurance Company, in Receivership – Served
as Texas counsel to the Special Deputy Receiver appointed by the Arizona
Department of Insurance with respect to ancillary receivership matter
instituted in Texas.
Aztar Casualty Insurance Company, in Receivership – Served
as Texas counsel to the Special Deputy Receiver appointed by the Arizona
Department of Insurance with respect to certain issues.
Mutual Benefit Life Insurance Company, in Receivership – Served
as Texas counsel to Mutual Benefit Life Insurance Company prior to
its insolvency and while it was in receivership in defending the company
against claims brought in Texas against the company.
• Member, State Bar of Texas
• Member, Dallas Bar Association
• Member, Board of Directors of National Association of Federal Equity Receivers
• Chairman, Board of Directors of Interfaith Housing Coalition (2011-2012)
• Note, Domangue v. Eastern Airlines, 722 F.2d 256 (5th Cir. 1984),
50 J. Air L. 375 (1985).
• Panelist in 2002 and in 2010 on topic of Receiverships presented at the Annual Southwest Securities Enforcement Conference sponsored by The Fort Worth District Office of the Securities and Exchange Commission.
• Spoke at “Receiverships in Texas 2011” seminar sponsored by the State Bar of Texas, November 4, 2011.
• “Unlocking the Door to a Receiver’s Arsenal: A Receiver’s Best Weapons,” written by Kelly Crawford and Charlene Koonce for “Receiverships in Texas 2011” seminar sponsored by the State Bar of Texas, November 4, 2011.
• Awarded the Hatton W. Sumners scholarship to attend the SMU School
of Law
• Editor in Chief of the Journal of Air Law and Commerce
• Order of the Coif
• Order of Barristers
• Awarded the Best Brief Award for the Moot Court competition
• Appointed by the Governor of New Mexico to serve as an ex-officio
member of the Board of Educational Finance
• Sustaining Life Fellow of the Texas Bar Foundation
• Recognized "Texas Super Lawyer", 2009, 2010, 2011
• Recognized by D Magazine as "Best Lawyers in Dallas" 2011
• Admitted, Texas
• United
States District Court for all districts in theState of Texas
• Fifth
Circuit Court of Appeals
• Admitted, New Mexico
• J.D., (cum laude), Southern Methodist University School of Law,
1986
• B.A., (cum laude), Government/Journalism, New Mexico State University,
1982
• Mr.
Crawford served as Student Body President at NMSU and was an ex-officio
member of the Board of Regents.
Mr. Crawford’s successful experience in handling lawsuits is reflected
in the following reported cases in which Mr. Crawford served as counsel:
• Warfield v. Byron, 436 F. 3d 551 (5th Cir. 2006).
• Seawright v. Charter Furniture
Rental, Inc., 39 F. Supp. 2d 795
(N.D. Tex. 1999), where the Court found that “lead counsel
for Charter, Kelly Crawford, is an experienced, able practitioner
who specializes in the area of commercial litigation, including employment
disputes…The Court found the
quality of their written work to be excellent. Their rates…certainly
comport with the going rate for attorneys in this district and division with
their qualifications and experience. In fact, the hourly rates are on the low
side.” 39 F.2d at 807.
• Clark v. Fitzgibbons, 105 F.3d 1049 (5th Cir. 1997).
• Christopher v. Diamond Benefits Life Ins.
Co., 35 F.3d 232 (5th
Cir. 1994).
• Wal-Mart Stores, Inc. v. Alexander, 827 S.W.2d 420 (Tex. 1992).
