Topic
Every decision we've filed under Fraud.
The First Circuit reversed the dismissal of claims against Debra Monday but affirmed the dismissal of claims against other defendants. The court found the district court lacked authority to dismiss claims against the Massachusetts resident while upholding dismissals against out-of-state defendants for lack of personal jurisdiction.
The Tenth Circuit affirmed Thomas Fairbanks's securities fraud convictions, ruling that the district court properly denied his motion to sever the counts and that sufficient evidence supported the verdict. The court found the joint trial did not prejudice the defendant and that the evidence established a unified fraudulent scheme against multiple victims.
The Fourth Circuit affirmed Derickson Lawrence's eleven convictions for wire and mail fraud, ruling that the evidence sufficiently proved his intent to defraud cardholders and the government. The court further held that the district court properly joined the fraud schemes and correctly applied a sentencing enhancement for sophisticated means.
The Tenth Circuit dismissed the direct appeal of a mail fraud defendant who had signed an appeal waiver, ruling that no valid claims fell outside the waiver's scope. The court found that enforcing the waiver would not result in a miscarriage of justice and directed any ineffective assistance claims to be raised in a collateral proceeding.
The Sixth Circuit affirmed summary judgment for the City of Detroit, ruling that annual Certifications and Assurances are forward-looking promises rather than specific factual assertions. Consequently, these general pledges to comply with federal law cannot support liability under the False Claims Act even if the City later violated the underlying regulations.
The Eleventh Circuit affirmed Lori Ann Nademus's fraud convictions and 110-month sentence, ruling that the district court did not abuse its discretion regarding competency or sentencing delays. The court held that Nademus's own statements during the hearing confirmed her competence and that her plea agreement waived her right to appeal the sentence.
The Ninth Circuit affirmed the district court's grant of summary judgment against a grocery store and its owner, holding that they failed to rebut the government's evidence of SNAP trafficking. The court ruled that statistical patterns of unusually large and rapid transactions supported an inference of trafficking without requiring expert testimony.
The Eighth Circuit affirmed Velma Taper's sentence for fraud offenses after reviewing the district court's ruling. The court granted counsel's motion to withdraw under Anders v. California, finding no non-frivolous issues for appeal.
The Fifth Circuit affirmed a 60-month prison sentence for a wire fraud conspiracy, ruling that the defendant failed to prove plain error regarding a sentencing enhancement for substantial financial hardship. The court further held that the district court did not abuse its discretion in imposing an above-Guidelines sentence based on the victims' advanced age.
The Fifth Circuit affirmed Shaquaila Lewis's twenty-seven-month sentence, rejecting her argument that the district court erred in applying a sophisticated-means enhancement. The court held that Lewis's use of fictitious tax forms, fake payroll checks, and delayed business registration constituted especially complex conduct designed to conceal her fraud.