Civil Remedies › Civil Procedure › Criminal Law

Wartime Suspension Of Limitations Act Suspends Statute Of Limitations In False Claims Act Cases

The False Claims Act (FCA), which allows both the government and whistleblowers to seek treble damages for claims of civil fraud on the United States, is a powerful tool. In the past two years, the government has aggressively...more

Court Denies Motion for Class Certification in Hannaford

In an order surely to reverberate with both the plaintiffs’ and defense bar, on March 20, 2013, Judge D. Brock Hornby of the United States District Court for the District of Maine denied the plaintiffs’ motion to certify a...more

Sharon Bell v. Igal Feibush

Opinion -- California Court of Appeal Permits Treble Damages for Failure to Repay Loan

Court of Appeal affirmed trial court's determination that making a loan based on a false promise to repay amounted to theft by false pretense, and Penal Code 496 therefore applied, entitling the victim to recover treble...more

Cops Have to Pay for Losing Your Stuff

There’s no upside to having your property confiscated by the police, but you should at least be able to trust them to keep track of your belongings. And thanks to a recent decision from the 8th U.S. Circuit Court of Appeals,...more

Eleventh Circuit Holds Fair Debt Collections Act Requires That District Court Adjudicate Any Contested Ownership Interests In...

In addition to the criminal penalties which stem from a fraud based convictions, a court may also order a convicted defendant to pay restitution. “The purpose of restitution . . . , however, is not to punish the defendant,...more

German Federal Labor Court Dismisses 46 Million Euro Claim for Unlawful Solicitation of Employees

The solicitation of employees by competitors is a frequent problem for companies in Germany. Many companies actively pursue a so-called “war for talents” and sometimes unlawful means are used for the purpose of soliciting...more

I was just served with a notice to appear at a hearing concerning a restraining order against me, what should I do?

If you have just been served a notice about a restraining order, you should read this post, and fast! Contact: George E. Bourguignon, Jr., Esq. Phone: (508) 769-1359 or (413) 746-8008 Email: ...more

Part 2: Relief for Victims and Third Parties Through Asset Forfeiture

Originally published in InsideCounsel.com on August 23, 2012. How Can a Victim Obtain Relief Through Forfeiture? Forfeited property generally goes to the government to spend in whatever manner it sees fit. However...more

Shorts on Long Term Care - August 2012: Heck No, I Won’t Go

My office phone rings and it’s one of my favorite clients. We just finished working on an appeal of a resident discharge and were expecting the Division of Medical Assistance hearing officer decision any day. I felt pretty...more

Appeals Court Casts Doubt on Acceptability of ‘Obey-the Law’ Injunctions

We recently blogged about the recent decision of the U.S. Court of Appeals for the 11th Circuit in Securities and Exchange Commission v. Goble, 2012 WL 1918819 (11th Cir. May 29, 2012). There, we discussed the appeals...more

E.D.N.Y. Judge Highlights SEC’s Limited Enforcement Powers

In November 2009, a federal jury in Brooklyn acquitted Ralph Cioffi and Matthew Tannin of securities fraud charges arising from the failure of their hedge fund at Bear Stearns. The case was noteworthy because it was one of...more

Criminal Court System

The following contains some pertinent information that might be of help to you as you become involved in the criminal justice system as a victim or witness. Apprehension and Arrest of the Accused There are three basic...more

Visiting NYC? Prepare to be Frisked

If you’re planning to visit New York in the near future, be prepared to be patted down by a cop for no reason whatsoever. That’s the message being sent to the general public by the Bloomberg administration in the form of...more

Wrongful Death Suit Filed in Huguely Case

The mother of slain University of Virginia student Yeardley Love has filed a Wrongful Death lawsuit against her murderer, George Huguely, in the Circuit Court for Charlottesville, VA, according to multiple news outlets. I...more

Legal Alert: Denial of Workers' Comp Claim May Form the Basis of RICO Claim

The Sixth Circuit has held that a group of transportation workers have a property right in their entitlement to workers' compensation benefits under Michigan law, and that the denial of their workers' compensation claims may...more

Exemption From Criminal Liability Of Family Members For Certain Crimes

Article II Section 12 of the Constitution provides that the State shall protect and strengthen the family as a basic autonomous social institution. As a policy of the State, it is the duty of the State to fortify the union of...more

Criminal Code Used in Civil Action to Recover Triple Damages and Attorney Fees

When is a breach of contract also fraud? When the party never intended to perform. So how do you get into the mind of the defendant to determine if he intended to perform when he signed the agreement? Thankfully,...more

Seventh Circuit Revives Whistleblower Claim Brought Under RICO

A new federal court ruling creates an avenue for employees to rely on the Sarbanes-Oxley Act (SOX) to pursue retaliation claims under the Racketeer Influenced and Corrupt Organizations Act (RICO). RICO was originally...more

What is the result if I do not comply with a court order?

If you are unsure how to comply with a court order or have been accused of contempt of court or are wondering what could happen if it is found that you did not comply with a court order, then you want to give this your...more

Prospective Client Questionnaire | Khayoumi Law Firm

Prospective Client Questionnaire \ Khayoumi Law Firm | Albuquerque, NM | (505) 333-8613 ...more

CARTER VS. BIGELOW

MEMORANDUM DECISION AND ORDER GRANTING MOTIONS TO STRIKE AND DENYING MOTION TO AMEND AND RENEWED MOTION TO STAY

In a case of first impression, the United States District Court considered a crime victim's representative's right under federal law to proceeding free from unreasonable delay. The court granted (1) both the victim's...more

Woman’s Win in Court Provides Lessons on False Arrest Claims

A federal jury awarded a former Illinois resident more than $500,000 on Nov. 18 in a case that stemmed from allegations of false arrest and harassment by Westmont, Ill. police. In February 2007, Dawn Zitzka accused six police...more

Trust Busting in Switzerland, Yves Klein, London, 13.05.11

A description of Swiss law on the recognition of foreign trusts and of tools available under Swiss law to challenge them....more

Ken Berry: Litigation Paralegal and Award-Winning Prisoner Advocate

I wrote this Paralegal Spotlight for Paralegal Today (July/Sept 2010) featuring Ken Berry, a litigation paralegal and award-winning prisoner advocate. Incarcerated for eight years due to a wrongful conviction, Berry turned...more

Verizon Wireless Files RICO Suit against Mobile Marketers, Alleges Deception and Fraud in Evasion of MMA Guidelines Requirements...

Cellco Partnership, doing business as Verizon Wireless, filed a lengthy complaint on March 7, 2011, against mobile marketing entities that have conducted short code marketing campaigns on its network. The complaint alleges...more