Search Results
393 results found for "whistleblower representation"
- Enforcement News: SEC Cracks Down on Accounting and Auditing Fraud
force, implemented an array of investigatory techniques (such as data mining), and relied on tips from whistleblowers
- First and Fourth Departments Affirm Dismissal of Fraud Actions on Justifiable Reliance and Statute of Limitations Grounds, Respectively
Atlas claimed the default was the result of its reliance on the representations of forbearance by Macquarie The KKR Defendants maintained that they relied on Atlas’s representation that the deposit check was “ According to the KKR Defendants, because of the representation, they assumed the Atlas bids were legitimate The Court also rejected the KKR Defendants’ argument “that they reasonably relied on some implied representation Nor do defendants’ allegations that they reasonably relied on some implied representation about plaintiff
- Guaranty Provision Requiring Some Additional Performance Obligations Held Insufficient to Defeat Motion for Summary Judgment In Lieu of Complaint
the Court rejected the need for the defendants’ specific disclaimer of reliance on the banks’ oral representations The motion court found that the Lender presented evidence that the guarantees were valid and in effect
- Enforcement News: SEC Brings Emergency Action to Stop $125 Million Offering, The Misappropriation of Investor Funds, and Ponzi-Like Fraud
Some of these techniques include: (1) phantom riches representation – that is, the investment will yield investment is a sound one because he/she also invested in the company; (5) “everyone is buying it” representation people are buying the security and, therefore, so should the target or victim; and (6) the reciprocity representation According to the SEC, from March 2016 to the present (the “Relevant Period”), Michael S. The SEC maintained that none of the foregoing representations were true.
- New York Court of Appeals Makes Clear That Consumer-Oriented Conduct Under GBL 349 Focuses on The Deceptive Act or Practice, Not on Use of the Product and Confirms That Specific Disclaimers Can Bar...
rent-stabilized apartments in New York City, when, in fact, key portions were omitted or inaccurately presented amendment at any time,” thereby “seriously undermining plaintiffs’ contention that yearly publication was a representation However, where the overall impression of the representations are misleading, notwithstanding the disclaimer
- Court of Appeals Resolves Split Among the Appellate Divisions Concerning the Availability of Punitive Damages Under General Business Law § 349
alleged that defendant had specifically marketed and sold AULII policies to elderly consumers with a representation
- The Director of the SEC Division of Enforcement Speaks About The Impact of The Whistleblower Program
Ceresney covered a lot of ground during his presentation, addressing issues such as the impact of the whistleblower program to the role of whistleblowers and their attorneys in the investigation and claims Impact of the Whistleblower Program on the Commission Ceresney described the impact of the whistleblower Since the inception of the whistleblower program, the SEC has received more than 14,000 tips from whistleblowers Closing Thoughts For Whistleblowers and Whistleblower Attorneys Ceresney closed his presentation with
- The Failure to Plead Fraud with Particularity Results in the Dismissal of a Fraudulent Inducement Claim
: Plaintiff states only generally that the representations about the maturity of the manufacturing process The Court went on to say that: The person making the representation, where, how, and when are not alleged , only that GF2 made representations about the maturity of the Process. It is not specifically alleged that the representations were made in August of 2016, but instead that The fact that Q does business in California does not make an allegation that the representation was made
- Fraud in the Execution
the language in which the document is written”), 4 a plaintiff cannot justifiably rely on another’s representation
- Enforcement News: SEC Brings Enforcement Action in Connection EB-5 Immigrant Investor Program
Grassley also noted that the EB-5 Program had “become riddled with fraud and serious vulnerabilities that present diverted millions of dollars to fund other projects and to make unrelated payments, which was contrary to representations
- Defendants’ Inconsistent Positions Suffice to Satisfy Justifiable Reliance Element of Fraud Claim
Plaintiff also said that if it did agree to the reduction, then such an agreement was predicated on false representations The fraud claim based on the idea that made false statement of present fact to induce Plaintiff to
- Gatekeepers of Arbitrability: Fraud, Mistake, and the Absence of Consideration
The alleged fraud, as described by plaintiffs, was based on, inter alia , a representation made during Plaintiffs claimed that defendants knew the falsity of their representation.
