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682 results found for "fraud"
- Court Affirms Reformation of a Settlement Agreement Based on Clear and Convincing Evidence of Mutual Mistake
parties due to the mutual mistake of the parties, however induced, or of the mistake of one party and fraud Therefore, the party seeking reformation must “show in no uncertain terms, not only that mistake or fraud
- Enforcement News: SEC Files Charges Against A Real Estate Development Firm for Perpetrating A $600 Million Ponzi-like Scheme
In Ponzi Scheme, players try to trick each other into funding fraudulent investments with the promise A Primer on a Ponzi Scheme In the early 20th century, Charles Ponzi invented the fraud that bears his The fraud continued to grow, as more and more investors, lured by stories of huge payouts, invested their Platkin, Acting Attorney General, stated: “The fraudulent conduct identified by our Bureau of Securities
- Enforcement News: SEC Charges Financial Services Professional and Associate with Perpetrating a Front-Running Scheme
On December 14, 2022, the SEC announced (here) that it brought fraud charges against an employee of a
- Facts Learned From Deposition Insufficient to Support Motion to Renew
Plaintiff commenced the action seeking damages for, inter alia , fraud allegedly arising from failed plaintiff made before taking depositions, seeking “partial summary judgment on certain elements of its fraud
- The Best Evidence Rule: It’s the Original Document
technological advancements in copying, in modern day practice the rule serves mainly to protect against fraud
- Contracts That Say What They Mean, Mean What They Say Redux
parties’ “sole and exclusive remedy with respect to any and all claims (other than claims arising from fraud allegations “regarding defendant’s failure to negotiate and pay a broker’s fee” did not rise to the level of fraud
- Enforcement News: The SEC Whistleblower Program Does Not Take The Summer Off
monetary award for bringing to the attention of the SEC credible information about possible securities fraud The whistleblower alerted the SEC to an ongoing fraud, prompting the opening of an investigation.
- Update: First Department Affirms the Denial of Summary Judgment in Norddeutsche Landesbank Girozentrale v. Tilton
County Aug. 20, 2019) ( here ), a case involving several elements of a fraud claim. ( Here .) As we noted at the time, Norddeutsche was a good example of why the courts refrain from dismissing fraud were issues of fact “as to whether plaintiffs’ losses were proximately caused by defendants’ alleged fraud Finally, the Court agreed with the motion court that the fraud claims were not barred by the statute before May 2013, and therefore not permit a conclusion as a matter of law that the fraud claim barred
- Enforcement News: SEC Seeks Emergency Relief Against Investment Adviser Targeting Senior Investors “in a Classic Ponzi Scheme”
rationale why highly knowledgeable and intelligent older people are often susceptible to deception and fraud Shutting down Ponzi schemes and holding the organizers accountable for such frauds is an important part Smith also allegedly used investor funds to settle investor fraud lawsuits. Smith allegedly perpetrated the fraud by holding himself out as a trusted fiduciary through his position According to the DOJ, the alleged fraud occurred “from at least 2013 until the present”.
- Arbitration Award Confirmed in the Absence of Proof That Arbitrator Exceeded His Authority
plaintiff “on a laundry list of claims”, including breach of contract; misappropriation of EEC’s supplies; fraud ; kickbacks; breaches of fiduciary duty; diversion of corporate opportunity; fraudulent inducement; gross
- Enforcement News: SEC Charges Two Maryland Companies and Their Principals For Conducting a Ponzi Scheme Bilking Investors Out Of More Than $27 Million
A Ponzi scheme is an investment fraud that involves the payment of purported returns to existing investors Like many frauds, investors do not know that they are the victim of a Ponzi scheme until the market crashes In the CFTC announcement (here), the commission expounded upon the details of the alleged fraud. and for each count of wire fraud; a maximum of five years in federal prison for a securities fraud conspiracy and a maximum of 20 years in federal prison for each count of securities fraud.
- Fantasy Baseball and the Sign-Stealing Scandal: Court Dismisses Class Action Lawsuit Brought By Fantasy Baseball Fans
Plaintiffs brought a nationwide class action alleging fraud, negligence, and unjust enrichment, well A Closer Look at The Court’s Decision As readers of this Blog know, to state a claim for common law fraud P. 9(b) (providing that “a party must state with particularity the circumstances constituting fraud”) Takeaway As this Blog has noted in previous posts, every element of a fraud claim must be satisfied to As baseball fans, and students of fraud actions, this Blog will continue to monitor the action.

