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Fraud
Radio Sports Talk Show Host And An Investment Adviser In The Crosshairs Of The Sec For Perpetrating Ponzi Schemes
Ponzi schemes seem to be in vogue lately. Last week the Securities and Exchange Commission (“SEC”), and the Department of Justice, announced the filing of two enforcement and criminal proceedings involving Ponzi schemes ( here and here ), one involving New York sports radio personality, Craig Carton, and the other involving a New Jersey-based tax preparer and investment adviser. Both are charged with bilking investors out of millions of dollars. What is a Ponzi Scheme? Named
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Sep 11, 20175 min read
Obtaining A Prejudgment Attachment Order Is Not Easy, Even Where Fraud Is Alleged
Prejudgment attachment is a provisional remedy that provides a plaintiff with a statutory mechanism by which he/she can secure a defendant’s assets during the pendency of a lawsuit. In effect, an order of attachment is a lien against a defendant’s property. As such, a prejudgment order of attachment increases the likelihood of recovery on a later-obtained judgment in the action. The requirements for obtaining a prejudgment attachment order vary from state to state; there is
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Jul 28, 20177 min read
Corporate Veil Pierced Due To Fraud On Creditor
Although courts will pierce the corporate veil “to prevent fraud or achieve equity,” Morris v. N.Y. State Department of Taxation & Finance , 82 N.Y.2d 135, 140 (1993) (quoting Int’l Aircraft Trading Co. v. Mfrs. Trust Co. , 297 N.Y. 285, 292 (1948)), they are, nevertheless, reluctant to disregard the corporate form. TNS Holdings Inc. v. MKI Sec. Corp. , 92 N.Y.2d 335, 339 (1998). After all, the purpose of incorporating is to allow individuals to avoid personal liability. See
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Jul 20, 201711 min read
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