- Defendant’s sentence includes jail time, restitution of $18 million and a fine.
- Case highlights importance of government contractors using compliance programs to identify wrongdoing and avoid...more
The Crime Victims’ Rights Act and the Mandatory Victims’ Restitution Act provide a wide range of circumstances under which those convicted of federal economic crimes must pay court ordered restitution to their victims. Unlike...more
States have increasingly brought actions under Medicaid fraud or consumer protection statutes seeking civil penalties and restitution from the makers of prescription drugs. Many top-selling drugs have been...more
In United States v. Edwards, No. 11-15953, (11th Cir. Sept. 6, 2013), the U.S. Court of Appeals for the Eleventh Circuit made clear that a district court may order restitution for acts of related conduct—even if the criminal...more
The CFPB announced that it and the OCC have issued a consent order against two affiliated banks alleging violations of federal consumer protection laws for deceptive marketing of their add-on products (i.e., payment...more
In This Issue:
- Federal Housing Finance Agency Proposes New Rules on Lender-Placed Insurance
- J.P. Morgan Decision Curtails the Phantom “Restitution Defense” to D&O Coverage
- Bad-Faith Claims...more
It's a sleepy week in the Circuits last week - a resentencing and a restitution remand.
To the victories!
United States v. Daniels, et al., Fifth Circuit: Appellants were convicted of conspiring to distribute...more
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
In a highly anticipated decision, a federal court in Tennessee let stand a retailer’s claims against Visa for violation of California’s Unfair Competition Law (UCL) and for common law claims for unjust enrichment and...more
In a case closely watched by industry observers, the New York Court of Appeals, in J.P. Morgan Securities v. Vigilant Insurance Company, No. 113 (NY, June 13, 2013), issued an important ruling in the field of directors and...more
You’ve just discovered that an employee who recently left your company took your company’s valuable trade secrets with him to his new employer. What are your options?...more
On May 14, the U.S. District Court for the Northern District of California reinstated a prior order enjoining a national bank from engaging in false or misleading representations relating to certain overdraft practices and...more
It's a good week in the federal circuits for folks accused of a crime.
Instead of the all-too-common diet of sentencing remands, there are some nice wins on our rights against unreasonable searches and seizures and...more
Two doctors, married to each other, were accused of health care fraud. They pled guilty and fought at sentencing about the amount of the restitution that they would have to pay back to the insurance companies for what they...more
Trenwick Am. Reinsurance Corp. v. W.R. Berkley Corp., 54 A.3d 209 (Conn. App. Ct. 2012).
A Connecticut appellate court affirmed a trial court judgment holding that an agreement between the reinsurer and the cedent...more
On December 26, the U.S. Court of Appeals for the Ninth Circuit held that a national bank’s practice of posting payments to checking accounts in a particular order is a federally authorized pricing decision, and that federal...more
After a long bench trial which began on August 20, 2012, Judge Richard McMonagle recently issued his decision in an important class-action lawsuit. The suit was brought on behalf of certain employers doing business in Ohio,...more
In This Issue:
..Federal Circuit Rules It’s Own Standards Apply When Considering Preliminary Injunctions
..Preliminary Testing of Medical Devices in Animals Enables Their Use in...more
In the first action of its kind since the agency’s creation, the CFPB, Attorneys General from New Mexico, North Carolina, North Dakota, and Wisconsin, and the Hawaii Office of Consumer Protection joined forces to enjoin a...more
One would have thought that, with the end of the world predicted for Friday of last week, our nation's appellate courts would have spent their last week on Earth with family or friends, rather than cranking out wins for folks...more
When a person is convicted of a federal crime, especially in a fraud case, but in lots of other kinds of federal criminal cases too, the district court sometimes also orders that the person pay restitution....more
In notorious defiance of the California Constitution, the legislature in 2002 established the Victims of Corporate Fraud Compensation Fund. See Victims of Corporate Fraud. The purpose of the fund is to provide ”restitution to...more
It's hard, when things go wrong, not to seek a mulligan. And we all get off on the wrong foot sometimes.
When a case is in front of a federal judge for sentencing, though, a mulligan is only very rarely...more
On November 9, 2012, in a unanimous opinion in United States v. Fair, the U.S. Court of Appeals for the D.C. Circuit found that the district court had abused its discretion in ordering restitution in the amount of $743,000 in...more
I strongly suspect that many of our nation's circuit court judges worked over the Thanksgiving break, because they're back with nine wins for folks accused of crimes in our nation's federal appellate courts.