37 results for 'cat:"Evidence" AND cat:"Fraud"'.
J. Elgo finds the trial court properly granted the husband's motion for summary judgment on fraud and unjust enrichment claims. The wife's admission she knew her two children were not the husband's biological children was sufficient to prove the transfer of more than $187 million from the husband was coerced under false pretenses. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: May 10, 2024, Case #: AC45745, Categories: evidence, Family Law, fraud
J. Robinson finds the lower court erroneously dismissed the borrower's special defenses of unclean hands and breach of the implied covenant of good faith and fair dealing. His allegations regarding the lender's nationwide kickback scheme with an insurer provided sufficient details about his own mortgage and, specifically, the enforcement of the lender's provision that required the borrower to purchase certain insurance. Reversed.
Court: Connecticut Supreme Court, Judge: Robinson, Filed On: April 25, 2024, Case #: SC20817, Categories: evidence, fraud, Banking / Lending
[Consolidated.] J. Davis finds the trial court erroneously granted defendant's motion to vacate several of her convictions on wire fraud charges related to embezzlement of grants funds for student scholarships. The evidence presented by the prosecution, including performance reports that showed the disbursement of numerous scholarships not linked to any students, was sufficient to prove all elements of the crimes, including intent. Reversed in part.
Court: 6th Circuit, Judge: Davis, Filed On: April 17, 2024, Case #: 22-5075, Categories: evidence, fraud
J. Messitte partially denies the marketing company and its owner and director, as well as the financial firm and its owner’s estate suing them, their motions in limine to exclude expert witness testimony in this fraud, conspiracy and defamation suit. The marketing firm’s proposed damages expert should be precluded from testifying regarding mitigation costs, which include legal fees, online reputation cost and childcare cost, but he may testify about lost profits to aid the jury in understanding the financial harm of defamation. The financial firm’s rebuttal expert will be permitted to testify on lost profits and a reduction in seminars held, and the owner’s text messages can be presented because the marketing company failed to identify any evidence to be excluded. The court grants the marketing company director’s motion in limine to forbid any use of or reference to his prior criminal history, as his convictions were 10 years ago and do not concern false statements.
Court: USDC Maryland, Judge: Messitte, Filed On: April 16, 2024, Case #: 8:19cv1312, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: evidence, fraud, Experts
J. Johnson finds the trial court properly dismissed the ex-husband's petition for annulment of the marriage. After the ex-wife filed for divorce, the husband sought annulment on the grounds the wife had used fraud, duress or force to induce him to marry her. Though the couple had married in Texas, and moved between Texas and Montana during the marriage, the Montana court concluded “[t]he marriage is irretrievably broken," and ordered the dissolution, with the Montana Supreme Court affirming. The record shows that when the husband filed his Texas petition for annulment, the marriage had already been dissolved. He did not meet his burden to prove his marriage was never valid. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: April 11, 2024, Case #: 09-23-00285-CV, Categories: evidence, Family Law, fraud
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[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. Bean finds a lower court properly dismissed two ex-bankers' motion to overturn their convictions. The former jailed bankers argued that they did not intentionally manipulate Libor and Euribor interest rates. However, the government sufficiently showed in court that they ran a scheme to rig key interest rates. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Bean, Filed On: March 27, 2024, Case #: 2023-223-B5, Categories: evidence, fraud, Banking / Lending
J. Marks grants a consumer’s motion for default judgment in this Federal Odometer Act suit against an automotive sales company. The consumer alleges when he purchased the vehicle that the actual mileage on the dash was 66,125 miles, but he later found out it had over 100,000 miles. He does in fact establish the liability claim for false mileage certification in violation of the Act. The court dismisses most other claims for fraud, negligence and breach of fiduciary duty.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: March 26, 2024, Case #: 1:22cv66, NOS: Other Fraud - Torts - Personal Property, Categories: evidence, fraud, Product Liability
J. Tymkovich finds that the lower court properly convicted defendant of wire fraud and stealing government property for carrying out a scheme to defraud the Department of Veterans Affairs by exaggerating his disability. As part of the investigation, agents for the department installed a camera near his house to record his activities, and defendant claims that the lower court wrongfully admitted evidence used from those cameras to convict him. Legal precedent has established, however, that he did not have a "reasonable expectation of privacy" regarding the view of the front of his house. Affirmed.
Court: 10th Circuit, Judge: Tymkovich, Filed On: March 19, 2024, Case #: 22-3276, Categories: evidence, fraud
J. Menashi finds that the district court improperly dismissed an indictment charging that former state senator Brian Benjamin committed bribery and honest services wire fraud during his unsuccessful campaign for New York City comptroller and covered up the indictment during a background check when he was nominated to be New York's lieutenant governor. The indictment sufficiently alleged an explicit quid quo pro in directing $50,000 in state grant money to a nonprofit controlled by a local real estate developer in exchange for matching, small-dollar campaign contributions. Reversed.
Court: 2nd Circuit, Judge: Menashi, Filed On: March 8, 2024, Case #: 22-3091, Categories: evidence, fraud, Bribery
J. Alley finds a lower court did not err in granting damages in a fraud and contract case stemming from a convoluted land deal between a landowner and a developer, which culminated in the landowner being on the hook for an overpayment on the property. While the developer disputed the sufficiency of the evidence against him, the lower court found he’d made numerous misrepresentations in his dealings with the landowner. Affirmed.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: February 29, 2024, Case #: 08-23-00134-CV, Categories: evidence, fraud, Real Estate
J. Jolivette Brown grants a request by a Nevada resident for an order freezing $294,000 worth of his cryptocurrency assets traced to private accounts held by a purported investor he is suing for fraud. The litigant has shown that irreparable harm will ensue absent a restraining order, considering the speed with which cryptocurrency transactions are made, as well as the anonymous nature of those transactions. The potential recovery of assets will disappear if the accused is allowed to transfer the allegedly stolen assets into inaccessible digital wallets, which could occur at any moment.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: February 23, 2024, Case #: 2:24cv393, NOS: Other Fraud - Torts - Personal Property, Categories: evidence, fraud, Conversion
J. Palafox finds a lower court ruled correctly in convicting defendant of a variety of white-collar crimes. Defendant argued there were a variety of issues with her conviction, including a “voluminous amount of evidence” that her attorney was unable to review before trial, but defendant did not raise these issues at trial. Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: January 23, 2024, Case #: 08-23-00006-CR, Categories: evidence, fraud, Theft
J. Torres finds the lower court properly convicted defendant, accused of submitting false documents to obtain pandemic employment assistance, of tampering with public records, but not of a unsworn falsification charge. By knowingly presenting a fake business license to the Department of Labor, defendant intended for it to be taken as true, and documents purporting to be public record make them so. An unsworn falsification conviction is reversed, as his intent in the submission of the fake document was not to mislead Labor Department employees about his unemployment benefit eligibility, since he was actually eligible and the government did not show any proof that he was ineligible. Affirmed in part.
Court: Guam Supreme Court, Judge: Torres, Filed On: December 1, 2023, Case #: CRA21-11, Categories: evidence, fraud, Intent
J. Kuehn finds the court of civil appeals improperly affirmed the district court's admission of a will to probate after denying challenges brought by the testator's son. The son's evidence for fraud was strong enough to shift the burden of rebutting an inference of fraud to the daughter, who had sought to have herself named personal representative. Vacated.
Court: Oklahoma Supreme Court, Judge: Kuehn , Filed On: November 14, 2023, Case #: 120042, Categories: evidence, fraud, Wills / Probate
J. Selna finds in favor of the credit union regarding the California penal code claim of the Vietnamese-American communities' complaint alleging that the credit union served third-parties Kent R.E. Whitney and the Church for the Healthy Self, the former of whom served about 30 months in prison for a financial fraud conviction, who went on to defraud the communities in a multi-million dollar Ponzi scheme. The communities do not present evidence that the credit union knew that the church stole the investors' funds and they do not show that the credit union knew about Whitney's prior financial fraud convictions.
Court: USDC Central District of California, Judge: Selna, Filed On: November 6, 2023, Case #: 8:22cv259, NOS: Other Fraud - Torts - Personal Property, Categories: evidence, fraud, Class Action
J. Stewart denies the real estate developer executives' motions for rehearing on their convictions for conspiracy to commit wire fraud and securities fraud and aiding and abetting securities fraud. Arguments regarding the sufficiency of evidence, jury instruction, and limiting cross-examination do not warrant a new trial. Arguments involving imposed time limits due to the number of defendants fail because objections were not preserved at trial and the record states that more time would have been granted if requested. There is no cumulative error because no errors have been identified and the government has presented substantial evidence of guilt. Affirmed.
Court: 5th Circuit, Judge: Stewart, Filed On: October 11, 2023, Case #: 22-10511, Categories: evidence, fraud, Securities
J. Taubman finds the trial court erroneously excluded evidence that defendant relied on the advice of his securities lawyer when he sold investment products without disclosing to clients he was barred from selling securities in the state of Colorado. The evidence allowed defendant to prove he lacked the required mental state to commit securities fraud. Defendant's testimony about his lawyer's advice was offered to prove the effect it had on him, not for the truth of the matter asserted; therefore, it was not hearsay, and because it would have given the jury a legitimate reason to doubt whether he committed the crimes for which he was convicted, his convictions will be vacated and the case remanded. Reversed.
Court: Colorado Court Of Appeals, Judge: Taubman, Filed On: September 21, 2023, Case #: 2023COA82, Categories: evidence, fraud, Securities
J. Browning grants Warner Bros.' motion for partial summary judgment, ruling the signature of supernatural investigator Lorraine Warren on a trademark assignment sheet, which may have been forged, is immaterial. She had already sold the rights to "Seekers of the Supernatural" and other marks to New Line several years before, which gave them total ownership over all name and image rights. Meanwhile, the undisputed evidence in the record indicates numerous customers were confused about the source of books and videos depicting the paranormal investigators and sold by the individual defendant, which is sufficient to prove trademark infringement and unfair competition.
Court: USDC New Mexico, Judge: Browning, Filed On: September 5, 2023, Case #: 1:20cv62, NOS: Trademark - Property Rights, Categories: evidence, fraud, Trademark
J. Doughty grants summary judgment to a Louisiana resident and his wife, dismissing as time-barred allegations by his two brothers that they forged both their mother’s will and power of attorney over her estate, Even if the litigants’ claims were not prescribed, the sued brother and his wife successfully argue that his brothers’ claims of fraud fail on their merits. The court agrees. The sued brother and his wife assert, without opposition, that “both the will and the power of attorney are authentic acts under Louisiana law since they were executed before a notary public and two witnesses.”
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: August 9, 2023, Case #: 3:21cv4146, NOS: Other Fraud - Torts - Personal Property, Categories: Civil Procedure, evidence, fraud
J. Kelly finds a lower court properly indicted a defendant for wire fraud. The defendant argued that he was entitled to a dismissal for insufficient evidence of crime. However, the government presented sufficient evidence in court that the defendant opened a second life insurance policy on his spouse without disclosure, paid the premiums from her bank account, forged her signature, and convinced her to undergo a physical exam, claiming it was for an existing policy. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: July 27, 2023, Case #: 22-1096, Categories: evidence, fraud, Insurance