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Federal law preempts N.Y. law on pilot training in Buffalo crash suit
A New York judge has ruled that federal law completely preempts state law claims of corporate liability for the allegedly negligent hiring and training of a pilot involved in a commuter plane crash...
View ArticleSentencing judge rejects ‘loss’ based on full contract value
The profits obtained and not the full value of a federal government contract should be used to calculate criminal sentences for contractors convicted of fraud, a New York federal judge has ruled. The...
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Suits target pilot in fatal Nigerian crash
The estate of the Dana Airlines pilot who crashed a plane last summer in Nigeria, claiming his life and killing all 152 passengers and crew aboard, is being sued in Florida federal court by the...
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Ex post facto clause takes center stage in sentencing case
The U.S. Supreme Court has agreed to hear the case of an Illinois businessman convicted of bank fraud in a loan and bad-check scheme, who says his 70-month prison sentence violates the U.S....
View ArticleSecurities Fraud Defendant, Charged In Drug Scheme, Loses Bail Motion
The former operator of a Louisiana investment business whose bail was revoked after he was charged in a scheme to distribute an illegal drug has lost his motion to reinstate bond. U.S. Magistrate Judge...
View Article7-Day Sentence For Securities Fraud ‘Unreasonably Low,’ 6th Circuit Says
A unanimous 6th U.S. Circuit Court of Appeals panel has vacated the seven-day prison sentence of a corporate officer convicted of securities fraud and remanded the case to an Ohio federal judge for...
View ArticleFeds Lose Forfeiture Motion Against Wife of Investment Fraud Convict
Federal prosecutors in Kentucky have lost their motion for summary judgment in a forfeiture dispute with the wife of a convicted investment fraudster. U.S. District Judge Karen K. Caldwell of the...
View ArticleSupreme Court Review Sought In Convicted Exec’s Speedy Trial Case
The former treasurer of investment banking service Doral Financial Corp. and federal prosecutors are waiting to see whether the U.S. Supreme Court will review his securities fraud conviction because of...
View ArticleCourt blocks defendant’s bid for his home’s $3.7 million sale proceeds
An alleged Ponzi schemer who got his home in a divorce settlement has a right to less than a third of the $3.7 million a court-appointed receiver sold the house for two years ago, the 2nd U.S. Circuit...
View ArticleOregon Man Charged In $50 Million Investment Scheme
An Oregon real estate developer is facing securities fraud and related charges for allegedly orchestrating a long-running investment scheme that took in $50 million from more than 150 victims. Bradley...
View ArticleSupreme Court asked to decide if 5th Circuit wrongly shifted burden of proof
The federal government is locked in a dispute with two doctors over the burden of proof in criminal fraud cases and a $37 million restitution order that has made its way to the doors of the U.S....
View ArticleAttorney defendant loses appeal over perjured testimony
An attorney has lost his appeal of an Arkansas federal court conviction for mortgage fraud because a federal appeals court found that perjured testimony by a key witness against him did not affect the...
View ArticleIowa Supreme Court OKs 1st ever malpractice emotional-distress claim in...
The Iowa Supreme Court has for the first time allowed an emotional-distress claim in a legal malpractice action, finding a jury should consider such damages against a lawyer whose alleged negligent...
View ArticleSupreme Court asked to reclassify debt, allow discharge
A Florida businessman who was held jointly liable for a judgment entered against his company after he allegedly transferred its assets to himself to remove them from the reach of the judgment creditor...
View ArticleRestitution order lacked supporting evidence, 11th Circuit says
A Georgia federal court clearly erred by issuing a restitution order that changed a pre-sentence recommendation without considering sufficient evidence or giving notice to the defendant, the 11th U.S....
View ArticleSupreme Court asked to resolve split over exemption for inherited IRAs
A spilt between two federal appeals courts over whether a bankruptcy debtor can shield from creditors funds inherited from a non-spouse’s individual retirement account has made its way to the U.S....
View ArticleSeverance payment tax treatment to get Supreme Court review
The U.S. Supreme Court has agreed to hear the government’s argument that severance payments made to employees when their bankrupt employer shut down are taxable under the Federal Insurance...
View ArticleTrustee says Chinese companies put solar panel maker out of business
The liquidating trustee for what was once one of the nation’s largest solar panel providers has filed a $950 million antitrust lawsuit against three China-based companies for allegedly conspiring to...
View ArticleFraud defendant wins sentence reduction; federal court error cited
The former owner of a vending machine business who was convicted by a Miami federal court jury of defrauding investors has won his appeal of a sentence the 11th U.S. Circuit Court of Appeals agrees was...
View ArticleSIPC tells Supreme Court Madoff trustee can sue on its behalf
The Securities Investor Protection Corp. has joined in a request by Irving Picard, the trustee seeking to recover money for victims of Bernie Madoff, that the U.S. Supreme Court examine a federal...
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