Search Results

One type of fraud that has gained favor among the unscrupulous involves cryptocurrency: in particular The SEC charged defendants with violating the registration and anti-fraud provisions of the Securities “The SEC’s investigation has uncovered the steps the defendants took to conceal their alleged fraud, The DOJ charged the individual defendants with one count of conspiracy to commit wire fraud and one count of conspiracy to commit securities fraud.

The Centro plaintiff sued for damages claiming they were fraudulently induced to agree to the sale of )  “ release may encompass unknown claims, including unknown fraud claims, if the parties so intend for any of the traditional bases for setting aside written agreements, namely, duress, illegality, fraud stated: The complaint and plaintiff's affidavit raise issues of fact as to whether defendants engaged in fraud

Notably, the deceptive practice does not have to rise to “the level of common-law fraud to be actionable In fact, “ lthough General Business Law § 349 claims have been aptly characterized as similar to fraud For example, while reliance is an element of a fraud claim, it is not an element of a GBL § 349 claim

The complaint alleged causes of action for fraud, fraudulent concealment, aiding and abetting fraud, moved to dismiss the complaint, in part for lack of standing, arguing that the 2012 Assignment of the fraud However, the motion court dismissed the causes of action for fraudulent concealment and negligent misrepresentation

As Plaintiff became more and more suspicious of Defendants’ alleged fraudulent accounting practices, Plaintiff sued Defendants, alleging breach of contract, fraud, replevin 5 and conversion. ’s claim to $50,000 a year based upon the parties’ alleged verbal agreement violated the statute of frauds 2009 agreement, which required all modifications to be in writing. 8 Further, the court dismissed the fraud Under the duplication doctrine, a fraud claim cannot stand side-by-side with a breach of contract claim

Thereafter, the plaintiff sued, inter alia , Mattituck for breach of contract and fraud alleging that The Court also held that “ he fraud claim based on the same transaction must also be dismissed, since

duties are made enforceable under Section 206 of the Investment Advisers Act of 1940 – the Act’s anti-fraud unlike Section 10(b) of the Securities Exchange Act of 1940 (the “Exchange Act”), it is not limited to fraud much broader – it extends “to all services undertaken on behalf of the client.”5 In the context of fraud of false statements or the failure to disclose material facts when such failure would operate as a fraud it filed an action against a San Antonio, Texas-based investment adviser for operating a years-long fraudulent

Readers of this Blog know that, as a general matter, New York courts will not permit a fraud-based claim Indeed, courts routinely dismiss a fraud claim where “ he existence of a valid and enforceable written Defendants moved to dismiss, among other claims, the fraud claim. Accordingly, the motion court dismissed plaintiffs’ fraud claim. Defendants appealed. The Court held that the “fraud claim duplicative of part of contract claim.”

October 31, 2023, the Appellate Division, First Department, unanimously affirmed the dismissal of a fraudulent principles this Blog frequently examines, including: whether contractual disclaimers can preclude a fraudulent Thus, concluded the motion court, plaintiff’s claims for fraudulent inducement failed. representations or omissions as to the specific matter, is a plaintiff precluded from later claiming fraud The courts in New York will not hesitate to dismiss a fraud claim by a purchaser of real property where

Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”) to combat illegal and fraudulent substantial cash rewards to whistleblowers that voluntarily provide the SEC with information about securities fraud “Protected by federal law, whistleblowers play a significant role in uncovering fraud and other illegality

representations or omissions as to the specific matter, is a plaintiff precluded from later claiming fraud The fourth cause of action sounded in fraud and misrepresentation. Because plaintiffs failed to state a fraud claim, their request for rescission was dismissed. Given that the fraud alleged was a misrepresentation of how much money had been raised and invested, Consequently, the contract provision at issue was specific enough to preclude the fraud claim.

state and federal law, such as the Investment Company Act of 1940 (“ICA”), there is no shortage of fraud As with any fraud, annuity scams are limited only by the scammer’s imagination. We highlight a few of the more common types of annuity fraud.1 Cutting Out Beneficiaries. Inc., an administrative proceeding that the SEC settled involving the alleged perpetrators of annuity fraud