News & Analysis as of

Fraud Restitution

Fraud is the making of false representations or engaging in deceptive behavior in order to unlawfully secure financial or personal gain. 

Government Failure to Prove Actual Losses Means No Restitution to Victims under Restitution Act, Court Rules

by Jackson Lewis P.C. on

The Mandatory Victims Restitution Act of 1996 provides that defendants convicted of crimes committed by “fraud or deceit” must compensate victims for the full amount of their losses. A question that courts often face is...more

Return to Sender: Aéropostale Employee’s Fraud Convictions Affirmed, But Restitution Order Sent Back for Recalculation

Aéropostale is known by many as a staple of adolescent wardrobes and shopping-mall standard. But as a patsy for kickback schemes? In United States v. Finazzo, 14-3213-cr, 14-3330-cr (Droney, J., joined by Judges Sack and...more

2016 half-year in review: M&A legal developments

by White & Case LLP on

We set out below a number of interesting English court decisions and market developments which have taken place and their impact on M&A transactions. This review looks at these developments and gives practical guidance on...more

Another Bombshell in Munich—Bavarian Government Sold Looted Art to Nazi Families

by Sullivan & Worcester on

Works returned by Monuments Men to Bavaria for restitution to victims instead sold to Nazis’ families - Journalists Catrin Lorch Jörg Häntzschel published this weekend an explosive revelation in Sueddeutsche Zeitung...more

LendingClub Hit With Class Action Over Usurious Interest

A New York resident, Ronald Bethune, accused LendingClub Corporation of violating the state's usury laws by charging him 29.97 percent interest on his loan—roughly twice the 16 percent limit under New York law and high enough...more

Pennsylvania AG Sues Financial Services Company for Defrauding Veterans

by Goodwin on

On May 5, 2016, the Pennsylvania Attorney General announced the filing of a civil lawsuit in the Clinton County (PA) Court of Common Pleas against an Ohio financial services company and its owner for misleading at least four...more

New York’s Appellate Division Reinstates Attorney General’s Statutory Fraud Claim Against “Trump University”

In State of New York v. Trump Entrepreneur Initiative LLC, New York’s Appellate Division recently denied a motion by Donald Trump’ organization to dismiss a fraud claim brought by the New York Attorney General (“AG”) under...more

Confirming That No Country Is “Off Limits,” DOJ Secures Guilty Pleas From 2 Cayman Islands Financial Institutions for Tax Evasion

by Blank Rome LLP on

In its first-ever conviction of a non-Swiss financial institution for tax evasion conspiracy, the Justice Department announced today that two Cayman Islands firms pleaded guilty in a U.S. court to conspiring to hide more than...more

How Employers Can Combat Timecard Fraud And Employee Wage Theft

by Fisher Phillips on

There is nothing so central to wage-hour laws than the sacred domain of “hours worked.” The concept is simple: employees record the time they spend working, and from this data employers generate labor budgets and employee pay...more

Advertising Law - September 2015 #3

State AGs Settle Negative Option Marketing Case for $1M: Negative option marketing cost one company $1 million in a recent deal with the Attorneys General of New York, Pennsylvania and Washington. According to the...more

Ninth Circuit Holds That Loan Purchasers Are Victims Under the MVRA

The US Court of Appeals for the Ninth Circuit recently affirmed a restitution order in favor of both the originator and purchaser of two fraudulently obtained mortgages under the Mandatory Victim Restitution Act (MVRA). ...more

Weighing The Price Of Crime — Apportioning Restitution Based On Relative Fault

by Perkins Coie on

Criminal justice practitioners understand that ‘‘joint and several liability’’ stands for the common proposition that each co-conspirator should be equally responsible for all provable losses the conspiracy caused. Put...more

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