37 results for 'cat:"Evidence" AND cat:"Fraud"'.
Per curiam, the circuit finds that the trial court properly ordered restitution be paid by defendant for his participation in a criminal conspiracy that obtained Covid-19 emergency relief funds through the theft of identities used to apply for loans and unemployment insurance. The foreseeable loss as to defendant's role was properly calculated based on transactions conducted by him and other conspirators. The presentence report detailed the total amount deposited into PayPal accounts from the agencies at $2.3 million and recommended that defendant be held responsible for that amount. Though other conspirators have absconded, a single participant is responsible for all actions committed in furtherance of the crime. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: July 25, 2023, Case #: 22-30289, Categories: evidence, fraud, Identity Theft
J. Trotter finds that the lower court properly rendered judgment for common law fraud and awarded benefit-of-the-bargain damages in this case involving "a business deal gone awry." Contrary to the appellants' argument, the evidence sufficiently supports the lower court's finding. The evidence shows that they made false representations "regarding the partnership and its structure." Affirmed.
Court: Texas Courts of Appeals, Judge: Trotter, Filed On: July 20, 2023, Case #: 11-22-00072-CV, Categories: evidence, fraud, Business Practices
J. Silva grants the German property seller’s motion for summary judgment in this suit alleging that the investor transferred millions of dollars from a pair of company accounts to her own account to avoid satisfying a judgment after a bad real estate deal. The seller met its initial burden, establishing that the investor had the requisite statutory intent to defraud under Nevada law when she made the transfers to her personal accounts. The investor fails to meet the shifted burden, nor does she present a triable issue of material fact that would preclude summary judgment. All evidence supports the judgment.
Court: USDC Nevada, Judge: Silva, Filed On: July 14, 2023, Case #: 2:21cv2074, NOS: Other Fraud - Torts - Personal Property, Categories: evidence, fraud, Real Estate
J. Horton finds the trial court properly convicted defendant for food stamp fraud, sentencing him to 27 years in prison. Defendant alleges that he wasn’t given proper notice to allow him to mount a defense, though the indictment and available discovery provided defendant with adequate notice. Defendant did not object when coconspirators were called to testify while there was no accomplice-witness instruction. He fails to show egregious harm resulting from the omission. Affirmed.
Court: Texas Courts of Appeals, Judge: Horton, Filed On: July 12, 2023, Case #: 09-21-00155-CR, Categories: evidence, fraud, Due Process
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J. Lewis finds the trial court properly denied the Ponzi scheme operators' motion to dismiss fraud claims for the investors' failure to bring them within the four-year statute of limitations. The investors' claims did not begin to accrue until they discovered the identities of transferees, not when they initially discovered wrongdoing by the operators. However, the verdicts in favor of the nine individuals and investors who did not testify at trial were against the weight of the evidence because the jury improperly assumed they invested "in good faith" when they participated in the scheme. Reversed in part.
Court: Ohio Court Of Appeals, Judge: Lewis, Filed On: June 23, 2023, Case #: 2023-Ohio-2081, Categories: evidence, fraud, Jury
J. Davis denies the chicken farm owner's motion for summary judgment on fraud counterclaims filed by the insurers, ruling that although it was open about its intent to upgrade the farm following a fire, this disclosure does not insulate it from allegations it included upgrade costs in its submissions for the insurance claims. Additionally, testimony from farm employees and fire damage evaluators supports the counterclaims, which are not based merely on a difference of opinion regarding the property damage; therefore, they must be submitted to a jury.
Court: North Carolina Business Court, Judge: Davis, Filed On: May 31, 2023, Case #: 2023 NCBC 37, Categories: evidence, fraud, Insurance