News & Analysis as of

Restitution

Second Circuit Holds that District Court Orders Determining Restitution Credits are Final, Appealable Orders

In United States v. Yalincak, No. 11-5446 (2nd Cir. Apr. 10, 2017) (Calabresi, Raggi, Lynch), the Second Circuit addressed a complicated issue of appellate procedure in the course of a decision on the law of restitution. ...more

The Supreme Court - April 19, 2017

by Dorsey & Whitney LLP on

Nelson v. Colorado, No. 15-1256: In two separate cases from Colorado State Court, petitioners Shannon Nelson and Louis Alonzo Madden were convicted of sexual assault-related crimes, and were ordered to pay costs, fees, and...more

Colorado AG Secures $491,000 Judgment Against Debt Collection Agency

by Goodwin on

On April 5, 2017, the Colorado Attorney General’s Office (“Colorado AG”) announced that it had secured a judgment against a debt collection agency and two of its principals. The Colorado AG had accused the company of...more

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

North Carolina Attorney General Secures $377,000 in Settlement with Private Student Lender

by Goodwin on

?On March 27, 2017, the North Carolina Attorney General (“AG”) announced that it had settled a lawsuit filed in the Wake County, North Carolina Superior Court against a student loan company. As a result of the settlement, the...more

Pay the Piper: Restitution Payment to Victims Does Not Offset Mandatory Forfeiture to Government

In United States v. Bodouva, 16-3937 (March 22, 2017) (Katzmann, C.J., Pooler and Lynch, J.), the Court held in a per curiam order that a defendant convicted of embezzlement must forfeit the full amount of her illicit gains...more

Court Affirms Conviction In Case Involving $126 Million Loan For Shopping Mall Transaction, Rejecting Argument That Sentence...

In a summary order on March 8, 2017, the Second Circuit (Katzmann, C.J. and Pooler and Lynch, J.) affirmed the conviction and sentence for wire fraud in United States v. Frenkel. The case attracted some public attention...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

New York Man Sentenced to 15 Years in Prison for Loan Modification Scheme

by Goodwin on

On March 7, 2017, the United States Attorney’s Office for the Eastern District of New York announced the sentencing of an individual defendant to 15 years in prison and $2.5 million in forfeiture in connection with a loan...more

St. Louis Minimum Wage Ordinance Valid, Missouri High Court Rules

by Jackson Lewis P.C. on

A unanimous Missouri Supreme Court has upheld St. Louis City’s local minimum wage ordinance, reversing a trial court judgment that had enjoined and invalidated the ordinance in 2015. Cooperative Home Care, Inc. v. City of St....more

Small Dollar Lender to Refund Virginia Consumers $15.335 Million

by Goodwin on

On January 31, 2017, the Attorney General for the Commonwealth of Virginia (VA AG) announced that it entered into a settlement with a small dollar loan lender. The lender allegedly engaged into a “rent-a-tribe” scheme through...more

CFPB and Virginia AG settle claims against pawnbroker for alleged TILA/CFPA/VA law violations

by Ballard Spahr LLP on

The CFPB and the Virginia Attorney General announced that they had entered into a proposed consent order with  Woodbridge Coins and Jewelry Exchange, Inc., a Virginia-based pawnbroker, to settle a lawsuit filed in a Virginia...more

CFPB files complaint alleging defendants ran unlawful debt relief operation

by Ballard Spahr LLP on

The CFPB has filed a complaint in a California federal district court against three law firms and two individual attorneys alleging that they offered debt relief services to consumers in violation of the Telemarketing Sales...more

Western Union to Pay $586 Million in Restitution and Civil Penalties for AML Compliance Failure

On January 19, 2017, Western Union Financial Services, Inc. agreed to pay civil penalties and restitution to victims of fraud totaling $586 million to resolve actions brought by the U.S. Treasury Department’s Financial Crimes...more

CFPB Continues to Expand Its Meaningful Involvement Requirements for Debt Collection Law Firms

The CFPB recently issued its third consent order involving a debt collection law firm and appears to be expanding its interpretation of “meaningful involvement”. The order, which was entered against two related debt...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

Florida State Agencies Secure $28 Million Coordinated Settlement With Online Payday Lender

by Goodwin on

On January 12, 2017, the Florida Attorney General’s Office (Florida AG) announced that it and the Florida Office of Financial Regulation (Florida OFR) had entered into coordinated settlements with an online payday lender and...more

CFPB Consent Orders with Consumer Reporting Agencies Focus on Marketing Practices not Credit Reporting

Marketing practices remain at the forefront of CFPB activity as evidenced by two recent consent orders entered into with TransUnion and Equifax. The consent orders combine to require the CRAs to pay more than $17.6 million...more

Petition for writ of certiorari filed in case asserting recess appointment defense to CFPB enforcement action

by Ballard Spahr LLP on

Since it was filed in a California federal court in July 2012, we have been following CFPB v. Chance Edward Gordon, a case in which the CFPB alleged that an attorney duped consumers by falsely promising loan modifications in...more

Court Rules Debt Collector Must Pay $3.9 Million and Go to Prison

by Goodwin on

On November 10, 2016, the United States Attorney’s Office for the Southern District of New York announced the owner of a debt collection company was sentenced to five years in prison and ordered to pay $3.9 million in...more

Four California Residents Jailed and to Pay $7 Million in Restitution for Debt Relief Scheme

by Goodwin on

On November 14, 2016, the Department of Justice (DOJ) and U.S. Postal Inspection Service announced that four California individual defendants were sentenced for their participation in an allegedly fraudulent debt relief...more

New Mexico Judge Orders Payday Lender to Pay $32 Million in Restitution

by Goodwin on

On November 9, 2016, the New Mexico Attorney General (AG) announced that a New Mexico judge issued a final judgment against a payday lender and ordered the lender to pay $32 million in restitution. The court found the...more

Restitution Claims Resolved in New York and Cologne, New Case Filed Against Germany

by Sullivan & Worcester on

Word came this week of two resolutions of claims to Nazi-looted art in museums in New York and Cologne, and a new Nazi-looted claim against Germany filed in Washington. Barely a month after the Neue Galerie (of Austrian and...more

A Sweepstakes Lawyer Can Help Keep Promotion Sponsors out of Hot Water

by Klein Moynihan Turco LLP on

Last Thursday, the Federal Trade Commission (the “FTC” or “Commission”) sued several individuals and businesses in a Los Angeles federal court for engaging in allegedly deceptive sweepstakes sponsorship and marketing...more

Restitution Legislation: HEAR Act and Foreign Cultural Exchange Jurisdictional Clarification Act Move Forward

by Sullivan & Worcester on

Two restitution related bills have advanced past the Judiciary Committee of the United States Senate: the Holocaust Expropriated Art Act (S.B. 2763, the HEAR Act), and the Foreign Cultural Exchange Jurisdictional...more

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