REQUEST #1 The fact pattern says that the transfer constitutes a fraudulent conveyance, but it does not say on what grounds. Was it actual fraud under § 548(a)(1)(A) or constructive fraud under § 548(a)(1)(B)? If it was constructive fraud, based on which provision of § 548(a)(1)(B)(ii)?CLARIFICATION #1 Although a redemption from a Ponzi scheme could be attacked as either actual or constructive fraud, and any competent trustee would plead both, we have decided to amplify the Fact Pattern to clarify that the summary judgment grant was based on actual fraud. We have revised the final complete sentence at the bottom of page 7 of the Fact Pattern to read as follows: “The Bankruptcy Court granted summary judgment for the trustee, finding that the transfer to Clennam was avoidable as a transfer made with an actual fraudulent intent under § 548(a)(1)(A).” In addition, we have removed a typo. The word “the” appearing before “Merdle” on the third line from the bottom of page 12 has been deleted.