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Fraud › Actual or Constructive Knowledge

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

US Supreme Court to Decide Whether the Government Can Prove Knowledge When the Defendant’s Regulatory Interpretation Is...

Jackson Walker on

The United States Supreme Court recently granted certiorari in a pair of cases out of the Seventh Circuit that will finally resolve a longstanding circuit split on the question of “scienter” under the False Claims Act...more

Bass, Berry & Sims PLC

False Claims Act Fundamentals: Elements of the False Claims Act

Bass, Berry & Sims PLC on

The False Claims Act, 31 U.S.C. § 3729, et seq. is the federal government’s primary and most effective tool for fighting fraud. This post provides an overview of the elements that plaintiffs must satisfy to establish...more

Carlton Fields

Is Cryptocurrency Use an Automatic Badge of Fraud?

Carlton Fields on

Creditors and trustees may use state or federal fraudulent transfer law to attempt to recover assets transferred by a debtor. Fraudulent transfers are transfers made with the intent to hinder, delay, or defraud a creditor, or...more

Dechert LLP

Clarification of Test for Dishonesty in English Criminal Law: Impact on Complex Fraud Cases

Dechert LLP on

Following the judgment of the English High Court in Serious Fraud Office v Barclays Plc & Another1, prosecutors are aware that they now face a more onerous task when trying to establish corporate criminal liability. However,...more

Bass, Berry & Sims PLC

Eleventh Circuit Affirms Two Grants of Summary Judgment in Favor of Diabetic Experts

Bass, Berry & Sims PLC on

A unanimous panel of the U.S. Court of Appeals for the Eleventh Circuit (Eleventh Circuit) recently affirmed two grants of summary judgment in favor of defendant Lincare, Inc. d/b/a Diabetic Experts of America (collectively,...more

Ruder Ware

The Problem of Lender "Inquiry Notice" Status

Ruder Ware on

If a lender is fully secured, can it just ignore suspicions of borrower misconduct? The danger is that a lender could lose its collateral under these circumstances and be treated as an unsecured creditor. This is exactly...more

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