Topic
Every decision we've filed under Fraud.
The Second Circuit reversed a district court order that had declined to enjoin pending state-court proceedings in a massive No-Fault insurance fraud scheme. The court held that the Anti-Injunction Act does not bar federal intervention where hundreds of baseless state lawsuits are themselves part of a RICO violation.
The Second Circuit reversed the district court's denial of a preliminary injunction against pending state-court proceedings, holding that an exception to the Anti-Injunction Act applies where federal arbitration claims are at stake and state litigation threatens irreparable harm. Applying the standard for enjoining state court actions under 28 U.S.C. § 2283, the court found State Farm likely to succeed on its claim that the Federal Arbitration Act preempts the state proceedings.
The Ninth Circuit affirmed the bribery and fraud convictions of a real estate developer who lavished gifts on a Los Angeles city councilmember to secure support for a skyscraper project. The court clarified that federal bribery laws require only the intent to influence an official act, not a formal agreement or a specific quid pro quo exchange.
The D.C. Circuit affirmed a below-guidelines sentence for bank fraud, holding that the defendant forfeited his challenge to the loss calculation by failing to object when the district court confirmed the guideline range. The court found no plain error in calculating loss as the total amount stolen rather than the net amount remaining after recovery.
The Second Circuit affirmed the convictions of Joseph Percoco and Steven Aiello for honest-services wire fraud, ruling that while a jury instruction regarding 'as opportunities arise' was technically flawed, the error was harmless given the overwhelming evidence of specific quid pro quos. The court further reaffirmed that non-officials who dominate and control government business owe a fiduciary duty to the public, rejecting arguments that Percoco's status as an unaffiliated advisor shielded him from liability.
The Second Circuit affirmed the honest-services fraud convictions of Joseph Percoco and Steven Aiello, ruling that while a jury instruction regarding 'as opportunities arise' was technically flawed, the error was harmless given the overwhelming evidence. The court further reaffirmed that non-employees can owe a fiduciary duty to the public if they dominate and control government business, rejecting the argument that Percoco's status as an unofficial advisor exempted him from liability.
The Second Circuit affirmed the convictions of Joseph Percoco and Steven Aiello for honest-services wire fraud, ruling that while a jury instruction regarding 'as opportunities arise' was legally flawed, the error was harmless. The court further reaffirmed that non-employees may owe fiduciary duties to the public if they dominate governmental business and are relied upon by officials.
The Second Circuit affirmed the convictions of Joseph Percoco and Steven Aiello for honest-services wire fraud, ruling that while a jury instruction regarding 'as opportunities arise' was technically flawed, the error was harmless. The court further reaffirmed that non-employees can owe a fiduciary duty to the public if they dominate and control government business, rejecting arguments that Percoco's lack of formal employment shielded him from liability.
The Second Circuit affirmed the convictions of Joseph Percoco and Steven Aiello for honest-services wire fraud and solicitation of gratuities. The court held that while a jury instruction regarding 'as opportunities arise' was legally imprecise, the error was harmless given the overwhelming evidence of specific quid pro quos.
The Second Circuit affirmed the convictions of Joseph Percoco and Steven Aiello for honest-services wire fraud and bribery, ruling that while a jury instruction regarding 'as opportunities arise' was legally imprecise, the error was harmless. The court further reaffirmed that non-employees can owe fiduciary duties to the public if they dominate governmental business and are relied upon by officials.