False Statements

News & Analysis as of

Appropriate Cautionary Language Leads to Dismissal of Investor’s Securities Fraud Suit

A California district court recently dismissed Mellanox Technologies Ltd. investors’ claims that the company made false statements about both its prominence in the interconnect market and its revenue and growth prospects. The...more

Tax Court Upholds Penalties Imposed For False Statements

In Morton v. The Queen (2014 TCC 72), the Tax Court of Canada upheld penalties imposed by the Minister of National Revenue (the “Minister”) under subsection 163(2) of the Income Tax Act (Canada) (the “Act””) despite novel...more

Halliburton: Is the Fix as Basic as Alleging Omissions under Affiliated Ute? Or Is That Too Cute?

Even the most experienced securities defense attorneys regularly summarize Rule 10b-5(b) as creating a cause of action for “false or misleading statements and omissions of material fact.” Courts –including the Supreme Court...more

Court Rules Article Reporting About "False Testimony" Not "Actual Malice"

A Maryland court dismissed a defamation lawsuit against a newspaper, filed by a former chief deputy state's attorney, over articles reporting that he had given "false testimony" about a murder investigation. The articles in...more

SEC Settles Financial Fraud Case

Two senior executives at Veolia Environmental Services Special Services, a U.S. subsidiary of Paris based multi-national Veolia Environment S.A., were named in and resolved a financial fraud case with the SEC. SEC v. Hohol,...more

CFTC Again Charges Civil Perjury – This Time for Statements Made in an Off-the-Record Interview

On January 2, 2014, the US Commodity Futures Trading Commission (CFTC) ordered a Russian foreign national to pay a $250,000 civil penalty for making false and misleading statements to CFTC staff in an interview during an...more

Fair Work Commission Dismisses Unfair Dismissal Claim Involving False Bullying Allegations

In handing down its recent decision in Hunter v The Commonwealth of Australia, represented by the Department of Sustainability, Environment, Water Population and Communities [2013] FWC 7917 (Hunter v Commonwealth), the Fair...more

#Libel and the Lulu App

You can rate your favorite pizza place online. Why not your ex-boyfriend? That’s the idea, at least, behind Lulu. The popular app allows women, verified through their Facebook profiles, to rate men using pre-written...more

M&A Agreements: Limitations on Contractual and Extra-Contractual Liabilities©

In This Issue: - Perspective - Pre-Signing Definitive Documents - Between Sign and Close - Post-Closing: Fraud Claims - Post-Closing: Survival Clauses - More on Fraud: Not all Erroneous Statements of...more

Employee's Dishonesty About Facebook Posts Supports Defense To Retaliation Claim

A recent opinion out of the 10th Circuit Court of Appeals demonstrates the important role social media plays in labor and employment lawsuits. In Debord v. Mercy Health System of Kansas, Inc., a Kansas hospital was found not...more

Operative Reports May Lead to False Statement Prosecution

You are a hardworking surgeon who is committed to providing quality care to all of your patients, including your Medicare beneficiaries. Because you are so busy, you routinely dictate your pre-operative and post-operative...more

Federal court confirms broad reading of “willfully” in health care false statements cases: Ignorance of the law is no defense

In Brief - The First Circuit recently confirmed that in prosecutions for false statements in health care matters, a defendant does not have to know that making the statement is illegal to be found to have acted...more

Federal Circuit Affirms Inequitable Conduct Determination Under Therasense “But For” Exception and Reaffirms Significance of Rohm...

Today, the Federal Circuit upheld the District Court’s inequitable conduct verdict based on the submission of false affidavits to the United States Patent & Trademark Office (“PTO”). Intellect Wireless, Inc. v. HTC Corp.,...more

Disability Management Company And Principals Not Guilty Of Making False Statement

A disability management company charged under the Ontario Insurance Act with knowingly making false or misleading statements to an insurer has been found not guilty. The charges were brought on behalf of the Financial...more

Falsity is Fundamental: The Case for Emphasizing Arguments against Falsity

In defending a securities class action, a motion to dismiss is almost automatic, and in virtually all cases, it makes good strategic sense. In most cases, there are only four main arguments...more

Change in Policy Regarding False Claims to U.S. Citizenship by Minors

According to correspondence by the U.S. Department of Homeland Security (DHS) and the U.S. Department of State (DOS) to Senator Harry Reid, the U.S. Government has modified its position, with respect to minors, on the...more

Texas Federal District Court Allows Government’s FCA/FIRREA Mortgage Suit To Proceed

On September 10, the U.S. District Court for the Southern District of Texas denied a mortgage lender’s motion to dismiss the federal government’s claims that the lender and two of its executives knowingly made false...more

The CFTC Charges Civil Perjury, Even After the Witness Comes Clean

According to a recent case, a witness in a Commodity Futures Trading Commission (CFTC) investigation could be similarly condemned to oblivion – or at least enforcement action and a hefty fine – for giving false testimony,...more

SEC Accuses Investment Adviser of Misrepresenting Its Algorithmic Trading Capacity

The Securities and Exchange Commission recently charged a North Carolina-based investment adviser and its former owner with making false statements about the firm’s ability to engage in algorithmic currency trading....more

Fifth Circuit Joins Chorus to Rein in False Claims Act

Add the Fifth Circuit to the list of jurisdictions questioning the use of the federal False Claims Act (FCA) in instances where – using the theory of implied certification - the alleged falsity is not apparent on the face of...more

Matter of Pinzon: Making False Statements Under 18 USC § 1001(a)(2) Is A Crime Involving Moral Turpitude

The Board of Immigration Appeals (BIA) recently held in Matter of Pinzon, 26 I&N Dec. 189 (BIA 2013), that convictions under 18 USC § 1001(a)(2) for “knowingly and willfully making any materially false, fictitious, or...more

JP Morgan Sued by Investors Over $1.7B in Mortgage-Backed Securities

On August 21, a collection of investors including Phoenix Light SF Limited, Blue Heron Funding II Ltd. and Kleros Preferred Funding V PLC (the Investors) brought suit against a number of JP Morgan and Bear Stearns entities in...more

Materiality Standard Applies to False and Misleading Statements under the FDCPA

Earlier this summer, in a per curiam opinion, the Fourth Circuit confirmed that a false or misleading statement under 15 U.S.C. § 1692e must be material in order to violate the FDCPA. See Lembach and Lembech v. Bierman, et...more

FBAR Violations Lead to Other Charges

In a recent decision a Federal Appeals Court sustained the criminal conviction of a taxpayer for failing to file FBARs, filing false income tax returns and mail fraud and student loan fraud. The scheme was both complex and...more

OIG and MA Plan Sponsor Settle Allegations of Altering Records Submitted During Audit

Bravo Health Pennsylvania, Inc. (Bravo), a Medicare Advantage Plan Sponsor and subsidiary of Cigna Corporation, agreed to pay $225,000 to the Government for allegedly misrepresenting or falsifying information furnished to the...more

47 Results
|
View per page
Page: of 2