Areas of Concentration
- Complex Civil Litigation, emphasis in Securities, Corporate, Shareholder, Business and RICO Litigation
- SEC and State Enforcement Matters
Mr. Hutchings has a national practice concentrating on complex civil litigation, with an emphasis on securities and investment related matters, business disputes and litigation under the Racketeering Influenced and Corrupt Organizations Act (RICO). He represents companies and individuals in investigations conducted by the United States Securities and Exchange Commission, state securities agencies, the Commodity Futures Trading Commission, and the Federal Trade Commission.
Mr. Hutchings has an “AV” rating in the Directory of Lawyers in the United States, published by Martindale Hubbell, which is the highest possible rating for legal ability and ethical standards.
- J.D., 1980, University of Colorado, Boulder
- B.A., 1974, University of Colorado, Boulder
- 1980 to present, Partner Dill Dill Carr Stonbraker & Hutchings, PC
Notable Cases and Representative Transactions
- Mr. Hutchings represented numerous plaintiffs as victims of a complex fraudulent scheme that sold over $100 million of viatical settlement contracts in Federal District Court in Colorado, and Federal Bankruptcy Court in the Southern District of Florida. By vigorously pursuing defendants involved in the fraudulent scheme, he obtained $10 million in direct settlement payments from defendants, including over $6 million from the insurance carrier of a law firm defendant. In addition, Mr. Hutchings obtained releases of liability for his clients in excess of $18 million and preserved over $87 million face value of life insurance policies for ultimate sale and distribution of the proceeds to victims of the fraud.
- Mr. Hutchings, together with Mr. Robert A. Dill, represented a Wyoming couple against a national financial institution, in Federal District Court in Wyoming, on claims of professional negligence and mismanagement of an investment account that at one time was valued in excess of $10 million. After a three-week jury trial, Mr. Hutchings and Mr. Dill obtained an $8.7 million jury verdict against the national financial institution on behalf of their clients.
- In Federal District Court in Colorado, Mr. Hutchings successfully defended a high-tech start-up company against claims of an initial investor, including securities fraud, fraud, corporate mismanagement, and breach of fiduciary duty. A judgment was obtained in favor of his client and all claims were dismissed.
- Mr. Hutchings, together with Mr. Robert A. Dill, obtained a settlement in a complex negligence claim on behalf of a family in a National Association of Securities Dealers arbitration proceeding against a large brokerage firm for an amount in excess of $5 million The merits of the claims of the various family members varied greatly as well as their individual economic circumstances. The settlement allowed each member of the family to realize a substantial recovery on his or her claims without causing family dissension.
- Mr. Hutchings has successfully defended and settled numerous investigations and litigation proceedings, brought in federal courts by the Securities and Exchange Commission, against numerous clients, for various alleged violations of federal securities laws. They have included improper accounting methods, improper financial statement preparation, insider trading, sale of unregistered securities and fraud.
- Mr. Hutchings successfully represented a client in approximately 30 state securities administration investigations and administrative proceedings concerning whether the client had violated various state securities laws.
- In Federal District Court in Colorado, Mr. Hutchings represented a group of investors in a fraudulent and oil and gas investment. After three days of trial, the Defendants settled, paying the full amount of the investment losses and attorneys fees and costs incurred by the investors.