Voidable Transaction Crime Fraud Evidentiary Exception
VOIDABLE TRANSACTIONS AND THE CRIME-FRAUD EXCEPTION
The crime-fraud exception is frequently used to vitiate the attorney-client privilege in voidable transaction cases where at an attorney has counseled the debtor or transferee regarding the transaction. In most jurisdictions, the creditor only needs to show that a prima facie case of an avoidable transaction can be made to vitiate the privilege -- which is a low hurdle.
Vitiating the attorney-client privilege may be particularly easy in those jurisdictions that criminalize fraudulent transfers.