1,325 results for 'cat:"Fraud"'.
J. Erickson finds a lower court improperly calculated a defendant's restitution order after he pleaded guilty to wire fraud. The government argued that the amount of restitution imposed on the former bookkeeping employee was reasonable based on his theft of company checks and his attempt to double his income by stealing from his employer. However, the defendant sufficiently showed in court that he sold his shares in the company to offset the amount of the loss, which entitled him to a reduction by $50,000. Reversed.
Court: 8th Circuit, Judge: Erickson, Filed On: April 3, 2024, Case #: 23-2173, Categories: fraud, Restitution, Employment
Per curiam, the appellate division finds that the lower court improperly denied the accounting firm's motion for summary judgment on the village's fraud and conspiracy claims stemming from the village's credit downgrade by Moody's. These claims are duplicative of the village's accounting malpractice and breach of contract causes of action since they arise from the same facts. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 3, 2024, Case #: 01800, Categories: fraud, Fiduciary Duty, Accounting Malpractice
J. Cain denies a request by a surplus line insurance company to dismiss a parish sheriff’s suit for damages to a public building caused by two hurricanes and a winter storm. The insurer argues coverage of the damaged building should be voided to the sheriff’s “misrepresentations” on ownership. The insurer has not shown how certain statements by the sheriff’s office are material to the insurer’s claims, “let alone pointed to any circumstances that they were made with the intent to deceive.”
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: April 3, 2024, Case #: 2:21cv3947, NOS: Insurance - Contract, Categories: fraud, Government, Insurance
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[Consolidated.] J. Conrad partially grants a medical supply company’s motion to compel following allegations of fraud it brought against two people affiliated with a wholesaler with whom the company did business. The company claims these two individuals stole at least $200 million from the wholesale business so that it could not pay the company for services rendered. The people’s accountant claims that the motion to compel was not served properly and that the subpoena was not valid. However, he fails to show sufficient evidence of these claims and, thus, must provide some of the paperwork requested.
Court: USDC Western District of North Carolina, Judge: Conrad, Filed On: April 2, 2024, Case #: 3:21cv501, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: fraud, Accounting Malpractice, Contract
[Modified.] J. Wilson modifies three paragraphs and denies a rehearing with no change in judgment. The trial court properly rejected most claims that YouTube is liable for cryptocurrency losses suffered by victims of a scam that hijacked Steve Wozniak's channel and used faked videos of him. While the Communications Decency Act shields interactive computer services like YouTube as publishers, further proceedings are needed to determine if YouTube created its own content by providing verification badges to hijacked YouTube channels, which might put it outside the Act's immunity. Reversed.
Court: California Courts Of Appeal, Judge: Wilson, Filed On: April 2, 2024, Case #: H050042, Categories: fraud, Unfair Competition, Technology
J. Gordon grants, in part, the lenders' motion to dismiss a borrower and guarantor's counterclaims. The lenders originally filed suit alleging they fraudulently transferred stocks as repayment. The guarantor contends he first learned of the stock transfers after a previous judgment was entered, but the lenders point to publicly available financial documents that disclosed the stock transfers before the original complaint was filed. Certain counterclaims are precluded, while a conspiracy claim must be dismissed because it is not supported by allegations for damages.
Court: USDC Nevada, Judge: Gordon , Filed On: April 2, 2024, Case #: 2:22cv1206, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Securities, Banking / Lending
J. Ross denies the defendant consultants' motion to dismiss claims related to a fraudulent wire transfer. Several defendants named by the insurer reside in Missouri, and personal jurisdiction over the consultants is proper in Missouri because, under RICO, the insurer need only show that they have minimum contacts with the U.S.
Court: USDC Eastern District of Missouri, Judge: Ross, Filed On: April 2, 2024, Case #: 4:22cv1391, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, fraud, Racketeering
J. Kennelly grants a children’s clothing retailer’s motion to dismiss a consumer class action, brought by parents who say school uniforms they bought from the retailer contained polyfluoroalkyl substances. The court finds the parents lack standing to pursue injunctive relief, as they are now aware the uniforms contain the harmful substance. The court also finds the parents have failed to state an actionable claim.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: April 1, 2024, Case #: 1:23cv4899, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Consumer Law, Class Action
J. Murphy finds the district court properly found a company owner lied to the department about how she spent a federal and state grant and the jury convicted her of three financial crimes. The owner challenges the evidentiary and instructional rulings alleging the court should have reduced the estimate sums that was spent on her research and development project. The challenges of errors did not harm the owner in any way and she fails to satisfy her burden of proof. Affirmed.
Court: 6th Circuit, Judge: Murphy, Filed On: April 1, 2024, Case #: 22-5931, Categories: fraud
J. Boulware denies the subcontractor's motion for summary judgment. After issues with securing government funds for its work on Nellis Airforce Base, the contractor communicated with the electrical subcontractor regarding tracking of expenses. The subcontractor replied with altered invoices, eventually refusing to endorse a payment check for less than the claimed amount. Many disputes of material fact on fraud and contract claims and counterclaims remain.
Court: USDC Nevada, Judge: Boulware, Filed On: March 31, 2024, Case #: 2:21cv573, NOS: Miller Act - Contract, Categories: fraud, Government, Contract
J. Schopler partially dismisses Proposition 65 related claims against the candy manufacturer concerning the amount of lead and cadmium in its chocolate products that are sold without warning labels. The consumer did not give the prelitigation notice required for lawsuits related to Proposition 65. Although she attempts to argue otherwise, most of the consumer’s claims target the chemicals and conduct that Proposition 65 seeks to regulate, as well as the harms the law seeks to prevent.
Court: USDC Southern District of California, Judge: Schopler, Filed On: March 31, 2024, Case #: 3:23cv55, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Consumer Law, Class Action
J. Friedrich dismisses the assignees' claims against the drugmaker in their suit alleging a scheme in which the drugmaker donated its drugs to Patient Assistance Programs in an effort to push under-resourced patients benefiting from those programs into taking the drugmaker's drugs, then increase its prices to benefit from the resulting increase in health insurance claims for those drugs. The assignees have not shown that their unnamed assignors would have standing to pursue claims on their own, nor that their named assignors' would have standing to pursue state law claims. They have shown that they have standing to pursue the named assignors' federal RICO claims, but RICO does not provide a private right of action to pursue such claims by indirect purchasers. They also have not sufficiently pleaded any RICO predicate.
Court: USDC District of Columbia, Judge: Friedrich, Filed On: March 30, 2024, Case #: 1:22cv1419, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: fraud, Medicare, Racketeering
J. Whitehead declines to dismiss Amazon's complaint that the research institute refused to refund Amazon after it did not supply the company with the promised disposable medical gloves. Amazon sufficiently alleges that the research institute's employees and officers are its alter egos, that they knowingly made false promises about the disposable medical gloves, and that some misrepresentations happened before Amazon made the purchase.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: March 29, 2024, Case #: 2:21cv753, NOS: Other Contract - Contract, Categories: fraud, Contract
J. Grimes finds the lower court properly dismissed a special motion to strike filed by a church deacon and his wife after a donor donated over $1 million to an organization run by the wife, after a sermon. The donation was to help purchase a car and a home for a destitute family, with any leftover funds to be returned to the donor. The donor discovered that the house and car were purchased in the organization’s name, not that of the family in need. The donor filed suit alleging he was solicited for the funds which were used fraudulently to benefit the organization, not the family he believed he was helping. The deacon and his wife deny the claim, alleging the conversations with the donor were public in nature and about the family’s needs, and protected as they were part of a sermon and protected speech. The lower court disagreed, as the discussions were specific in nature and the issue was not so much about where the speech or conversation occurred, but rather about the alleged misconduct perpetrated by the deacon and his wife after the sermon. Affirmed.
Court: California Courts Of Appeal, Judge: Grimes, Filed On: March 29, 2024, Case #: B327668, Categories: fraud, Fiduciary Duty, Contract
J. Reyes Jr. rules against a Florida resident’s fraud complaint alleging her nephew misappropriated her $500,000 investment in a real estate property, finding her claims untimely.
Court: USDC Eastern District of New York, Judge: Reyes, Filed On: March 29, 2024, Case #: 1:19cv6202, NOS: Truth in Lending - Torts - Personal Property, Categories: fraud, Property, Real Estate
J. Subramanian partially denies the company's motion to dismiss a securities fraud action alleging it falsely portrayed its business as having a unique, asset-light, consignment model when it really operated like any other used-car dealership. The investors lack statutory standing for the pre-merger statements, but adequately plead scienter for executives' financial projections on an earnings call and statements regarding its reliance on one main sourcing partner.
Court: USDC Southern District of New York, Judge: Subramanian, Filed On: March 29, 2024, Case #: 1:21cv5906, NOS: Securities/Commodities/Exchange - Other Suits, Categories: fraud, Securities, Class Action
J. Hanen grants summary judgment to the securities and exchange commission finding the bitcoin mining investments, offered by a company whose owners comingled funds, qualified as securities. Although the investments were bogus the scheme still falls under the jurisdiction of the securities and exchange commission and the company and its owners are subject to the agency’s claims against them.
Court: USDC Southern District of Texas, Judge: Hanen, Filed On: March 29, 2024, Case #: 4:20cv1187, NOS: Securities/Commodities/Exchange - Other Suits, Categories: fraud, Securities, Conversion
J. Osteen partially denies a fire extinguisher company’s motion to dismiss a second amended class action complaint alleging a slew of allegations after many extinguishers failed to work properly. Almost all of the class’s claims allege violations of California and Florida state laws, and include unfair trade practices, fraud and breach of warranty. Most of the claims are barred by other state law regulations. However, several survive, including fraudulent inducement and implied warranty violations because the company concealed its knowledge of extinguisher malfunctions for 12 years before they were recalled in 2017.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: March 29, 2024, Case #: 1:21cv839, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Trade, Warranty
J. Rothstein declines to dismiss the contract claim of the account holder's complaint alleging that the bank did not properly investigate a $140,000 fraudulent withdrawal. The claim survives because each time the bank allowed a fraudulent transfer was a distinct and separate error instead of a collective single error, and the deposit account agreement requires the bank to investigate any discrepancies a customer brings to its intention and to give the account holder a copy of reviewed investigative documents.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: March 29, 2024, Case #: 3:23cv5698, NOS: Consumer Credit - Other Suits, Categories: fraud, Consumer Law, Contract
J. Scholer allows a petroleum vendor’s claims of constructive fraud to proceed in a case in which defendant continued to advance a client funds to purchase petroleum products despite defendant’s knowledge of the client’s inability to pay. The client filed for bankruptcy and the vendor now seeks payment for the petroleum product from defendant because Oklahoma’s Oil and Gas and Lien Act allows hydrocarbons to be sold with a lien on the proceeds from the sale of the product.
Court: USDC Northern District of Texas , Judge: Scholer, Filed On: March 29, 2024, Case #: 3:23cv525, NOS: Other Contract - Contract, Categories: Energy, fraud, Contract
J. Carter grants the computer maker's motion to dismiss a consumer class action alleging that it prices its consumer products artificially high in order to promise purchasers a significant discount off the fictitious price. The consumer fails to show that computers are too complex for the average purchaser to evaluate holistically. The computer maker discloses its products' specifications to consumers, so consumers can make value comparisons themselves. Therefore, he cannot show the company deceived consumers in any way.
Court: USDC Southern District of New York, Judge: Carter, Filed On: March 29, 2024, Case #: 1:22cv5131, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, Consumer Law, Class Action