1,325 results for 'cat:"Fraud"'.
[Consolidated]. J. Loken finds a lower court properly removed a Nigerian citizen back to Nigeria for defrauding insurance companies by setting up bogus car crashes in order to collect insurance payouts. The citizen of Nigeria, who pleaded guilty to mail fraud, argued that he was entitled to remain in the U.S. based on a letter submitted to the court by an attorney, even though the letter was supposed to be written by an actual law firm. However, the government sufficiently showed in court that he is removable based on his breach of the plea agreement. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: April 10, 2024, Case #: 22-3235, Categories: Evidence, fraud, Immigration
J. Kelly dismisses the insurer's interlocutory appeal of the lower court's partial denial of its motion to dismiss a consumer fraud class action. The consumers claim the insurer engaged in unfair business practices by reducing the actual cash value of totaled cars by a "typical negotiation" deduction, which is not defined in the policy. However, the court lacks jurisdiction to hear this appeal because the lower court's decision rests on its interpretation of state law, not on the Federal Arbitration Act.
Court: 8th Circuit, Judge: Kelly, Filed On: April 10, 2024, Case #: 23-1516, Categories: fraud, Insurance, Class Action
J. Dever grants a hospice care company’s motion to dismiss False Claims Act (FCA) allegations brought by a former home hospice case manager. The manager claims the company committed Medicare fraud by falsely reporting hospice patients’ medical conditions in order to recertify them. However, as this is a qui tam claim and other managers already initiated similar actions previously, the FCA’s first-to-file rule applies and the manager’s suit is barred.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: April 10, 2024, Case #: 7:20cv90, NOS: False Claims Act - Torts - Personal Injury, Categories: fraud, Health Care, Medicare
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Friedland vacates six defendants’ convictions for mail fraud and conspiracy to commit mail fraud arising from defendants’ sales companies’ tactics in selling printer toner. While "not just any lie that secures a sale constitutes fraud; the lie must instead go to the nature of the bargain." The government’s theory of fraud in this case was overbroad because it did not require the jury to find that defendants deceived customers about the nature of the bargain.
Court: 9th Circuit, Judge: Friedland, Filed On: April 9, 2024, Case #: 21-50162, Categories: fraud
J. Dever grants in part a ticket booking firm’s motion to dismiss allegations of breach of contract and fraudulent inducement, among others, brought by the organizer of the Voices of America Country Music Festival. The organizer claims that the firm created over 5,000 duplicate tickets and over 1,800 duplicate parking passes, valued at over $1.4 million total. This is a clear breach of contract, but the firm presents sufficient evidence that its errors were unintentional, so all other claims are dismissed.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: April 9, 2024, Case #: 5:23cv676, NOS: Other Contract - Contract, Categories: fraud, Trade, Contract
J. Albregts denies both parties’ motions for summary judgment. The purchaser sues for unjust enrichment, breach of fiduciary duty, legal malpractice’ and fraud regarding an allegedly fraudulent real estate investment scheme. The seller represented herself as a realtor and was retained by the purchaser to purchase various Nevada properties under his name and to rent out and manage those properties for his benefit. The alleged realtor forged deeds and transferred legal title of the properties to and from entities she controlled, leaving the purchaser with one of 24 properties for which he has not received his investment money back. According to the evidence shown, multiple questions of material fact must be decided at trial.
Court: USDC Nevada, Judge: Albregts, Filed On: April 9, 2024, Case #: 2:20cv1683, NOS: Other Contract - Contract, Categories: fraud, Real Estate, Legal Malpractice
J. Broderick finds for the equine hospital on breach of contract and fraud claims in a suit over the attempted purchase of a CT scanner for $995,000. While the hospital made down payments on the machine, the defendant manufacturer actually lacked the capacity to make the technology it purported to sell. The manufacturer clearly breached the contract by failing to timely deliver the machine, its only obligation under the agreement, and the hospital incurred damages of $546,000 in down payments it made on a machine that was never delivered.
Court: USDC Southern District of New York, Judge: Broderick, Filed On: April 9, 2024, Case #: 1:18cv6925, NOS: Other Contract - Contract, Categories: fraud, Contract
J. Cote grants an oil and natural gas company’s motion to dismiss in this matter of alleged securities fraud. An investment fund argues the oil company owned by the Venezuelan government engaged in a scheme to defraud investors when notes were declared invalid by an interim Venezuelan president in 2019. But the investment company failed to state a claim for which relief could be sought, so the instant court finds in favor of the oil company. Dismissed.
Court: USDC Southern District of New York, Judge: Cote, Filed On: April 8, 2024, Case #: 23cv5604, NOS: Securities/Commodities/Exchange - Other Suits, Categories: fraud, Securities
J. Chasanow grants a communications company, consultant company, chief executive officer and chief financial officer’s partial motion to dismiss in this contract dispute brought by a former chief executive officer of the communications company. The former officer alleges that she was induced by the consultant company and its officers in order to enter a purchase agreement. She fails to allege false representations or state a claim for fraud.
Court: USDC Maryland, Judge: Chasanow, Filed On: April 8, 2024, Case #: 8:23cv2749, NOS: Other Contract - Contract, Categories: Communications, fraud, Contract
J. Snyder denies in part a cannabis company's motion to dismiss an investor's claims of fraud and breach of contract after he requested the return of his investment and the company did not return the funds. The investor alleges that the company knowingly misrepresented the existence of the company, as well as its financial status, permits, and ability to conduct business in the state with required approvals. The investor has sufficiently alleged breach of contract, intentional misrepresentation, unjust enrichment, concealment and false promise claims.
Court: USDC Central District of California, Judge: Snyder, Filed On: April 8, 2024, Case #: 2:23cv3304, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Contract
J. Melgren rules a precious metal buyer and class leader may pursue securities fraud claims against a precious metal dealer. The precious metal buyer sufficiently showed in court that the dealer convinced him to create an IRA account as part of a "low-risk method for growing wealth" for a Silver Lease Program, without disclosing that it was administered by a third party who pocketed his investment.
Court: USDC Kansas, Judge: Melgren, Filed On: April 8, 2024, Case #: 6:23cv1064, NOS: Securities/Commodities/Exchange - Other Suits, Categories: fraud, Contract
J. Hunt grants a data analytics company’s motion to dismiss a privacy and fraud suit brought by immigration activists. The activists claim the data analytics company sells private consumer data to law enforcement, government agencies and businesses that places immigrants at heightened risk of stalking, identity theft and law enforcement targeting. However, the court agrees with the company that some of the activists have failed to sufficiently allege their claims, and others lack standing to bring their claims.
Court: USDC Northern District of Illinois, Judge: Hunt, Filed On: April 8, 2024, Case #: 1:22cv5384, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: fraud, Privacy, Business Practices
J. Mendoza finds that the district court ruled improperly in part in a securities-fraud complaint against children's entertainment company Genius Brands International. The shareholders adequately pleaded that Genius fraudulently concealed its relationship with a stock promoter, as well as adequately pleaded loss causation with respect to claims that Genius misrepresented that Disney or Netflix would be acquiring the company. However, they did not adequately plead loss causation relating to Genius' alleged misrepresentations regarding its relationship with Arnold Schwarzenegger. Reversed in part.
Court: 9th Circuit, Judge: Mendoza, Filed On: April 5, 2024, Case #: 22-55760, Categories: fraud, Securities
J. Dever partially grants a bitcoin investment firm's motion to dismiss counterclaims of conversion, breach of contract and bad faith brought by a partner of the firm. The partner alleges the firm opened an account with a cryptocurrency trading platform where he could store personal investments worth over $220,000, then the firm blocked his access. The firm claims the platform blocked the partner, but the partner presents sufficient evidence that the firm is responsible for having changed his password without his consent. The conversion claim survives, but all other claims are dismissed.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: April 5, 2024, Case #: 5:22cv 503, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Trade, Conversion
Per curiam, the appellate division finds that the lower court properly granted Viacom's motion to dismiss a securities class action, but denied the underwriters' motion to dismiss the same claims. A reasonable investor could find it relevant that the underwriters planned to sell their own holdings of Viacom, while Viacom was offering $3 billion of equities. Investors have adequately alleged that the underwriters did not implement any information barrier between their underwriting and brokerage departments that would have prevented the improper trading on insider information. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 4, 2024, Case #: 01866, Categories: fraud, Securities, Class Action
J. Mendoza vacates a sentence which was imposed at a previous resentencing and remands for resentencing. Defendant’s failure to challenge specific aspects of her initial sentence on a prior appeal does not waive her right to challenge comparable aspects of a newly imposed sentence. Defendant has twice been sentenced by the district court and twice appealed those sentences, stemming from her involvement in a money-laundering scheme. Vacated.
Court: 9th Circuit, Judge: Mendoza, Filed On: April 4, 2024, Case #: 22-50240, Categories: fraud, Sentencing, Money Laundering
J. Hudson finds the trial court properly struck the complaint, finding the attorney is a necessary witness. The department of finance and administration declined a trade-in tax credit on vehicles transferred to the company after they were purchased by individuals with company funds. The attorney representing the vehicle purchasers was in involved in the original scheme, and the trial court properly applied all tests in determining he is disqualified. Affirmed.
Court: Arkansas Supreme Court, Judge: Hudson , Filed On: April 4, 2024, Case #: CV-23-59, Categories: fraud, Tax, Attorney Discipline
J. Christiansen Forster finds that the district court properly adjusted the $100 monthly restitution payments defendant was making toward a $50,000 total. The new $1,100 monthly payments, which were based on an updated financial declaration, changed only the payment schedule, not the underlying restitution order or the original sentence, so statute, double jeopardy or due process rights were not violated. Affirmed.
Court: Utah Court Of Appeals, Judge: Christiansen Forster, Filed On: April 4, 2024, Case #: 20230253-CA, Categories: fraud, Restitution, Securities
J. Willett finds the district court properly ruled in favor of the construction retaining wall manufacturer. The successor to the company that purchases and sells the walls says the manufacturer defrauded the original company by selling certain products to competitors. The successor seller brought its claims after limitations. Once the manufacturer allegedly breached the exclusivity agreement, the seller had an actionable claim. Any subsequent third-party sales would have only added to existing damages. The limitations period began to run upon the initial alleged breach. Affirmed.
Court: 5th Circuit, Judge: Willett, Filed On: April 3, 2024, Case #: 23-50123, Categories: fraud, Contract