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the corporation or LLC; and (2) the owner’s domination of the corporation or LLC was used to commit a fraud In New York, it is not necessary to plead or prove fraud in order to pierce the corporate veil. dominated in connection with the transaction at issue and that the domination was the instrument of fraud The reason being “the requisite fraud allegations not alleged. A plaintiff must demonstrate the other elements of the doctrine – namely, a fraud and causation.  

Aozora sought damages against JPMorgan under several theories of liability, including fraud, breach of The Motion Court’s Ruling: The motion court dismissed Aozora’s fraud claim on the grounds that, among that it reviewed asset-level information, at the time it invested in HGC, requires dismissal of the fraud With regard to the fraud claim, the Court found that, notwithstanding the disclaimers in the offering (In September, this Blog posted an article about the justifiable reliance element of fraud.)

New Year with a whistleblower award of more than $5.5 million to a relator who helped stop an ongoing fraud

anyone who listens that reporting violations of the securities laws is an important part of its anti-fraud written about awards given to whistleblowers under the SEC and CFTC whistleblower programs – the anti-fraud

Institutions Reform, Recovery and Enforcement Act of 1989 ("FIRREA") in connection with more than a decade of fraudulent This fraudulent misconduct resulted in losses to HUD of $85,612,643 when those loans defaulted. “For years, Jim Hodge and Allied lied to HUD in order to fraudulently reap profits from the FHA mortgage "This case represents yet another recovery by the United States – this time after a trial – for fraud The Takeaway Mortgage fraud helped trigger the financial crisis.

allegations in the subject qui tam action even though the prior disclosures do not reveal the specific fraud First, the courts inquire whether there has been any public disclosure of the fraud in (1) a federal alleged and the kind of fraud disclosed.” Any general allegation of fraud necessarily “encompasses” specific frauds that the government does not The Sixth Circuit’s approach therefore would swallow virtually every fraud filed under the FCA.

an arbitral award under four narrow circumstances: “(1) where the award was procured by corruption, fraud

the final New Outside Closing Date, Princes Point commenced the action alleging, among other things, fraud

may vacate or overturn an arbitration award if it finds that: the award was procured by corruption, fraud

that the enforcement of such would be unreasonable and unjust or that the clause is invalid because of fraud unenforceable when: it is unreasonable or unjust to do so; it is against public policy; or it is the result of fraud

derivative action can include, among others, breach of the duties of loyalty, due care, and/or candor; fraud In the absence of fraud in the transaction, the judgment of the board or shareholders, as the case may Second, the business judgment of the board of directors cannot be easily disturbed absent fraud, waste

while still employed with the company … and … provided critical information that helped end an on-going fraud