Category: Fraud Law
Reading the Plea Leaves
Are guilty pleas in Fulton County confirming the righteousness of Fani Willis’ RICO prosecution or do they reflect an inherent frailty of the case, even in a venue where jurors largely can be expected to instinctively support a prosecution of high-profile Republicans? A close look at the recent plea agreements suggests that prosecutorial victory laps… Read More
Playing with House Money
Just as the walls seemed to be closing in on young entrepreneur Charlie Javice, a bit of offense has left her opponent, JPMorgan, in an entirely uncomfortable position largely of its own making. Javice founded a college loan planning entity called Frank, that appeared to be doing so well that JP Morgan bought it in… Read More
ICOs Involving Non-Issued Cryptocurrency May Be Prosecuted Under Federal Securities Laws
This week, a federal district court in New York was the first to decide that federal securities laws may be used to prosecute fraud involving cryptocurrencies. In United States v. Zaslavskiy, Eastern District Judge Raymond Dearie held that the Securities Exchange Act of 1933 (“Exchange Act”) and Securities Act of 1933 (“Securities Act”) are broad… Read More
Jumping To Judgment on For-Profit Education
If you didn’t know any better, you might have gotten pretty fiery over for-profit education after reading one of the front page stories of Tuesday’s New York Times. The lengthy article titled “For-Profit Colleges Fail Standards, but Get Billions” is all about accusations of greedy institutions bilking taxpayers and taking advantage of students through… Read More
The Government’s [Subpoena] Power is Not Infinite
It’s not every day that a federal court likens an Assistant U.S. Attorney’s argument to that “of a grade schooler seeking to avoid detention.” But, in a recent opinion, Judge Emmet G. Sullivan of the D.C. District Court did just that. In so doing, he reminded us that—despite the government’s (admitted) routine abuse of its… Read More
Closing the Loop: The Proposal of New Subcontracting Limitations on Small Businesses
Many small business government contractors may have to rethink the way they do business. The Small Business Administration issued a proposed rule at the end of December to implement provisions of the National Defense Authorization Act of 2013. The NDAA, which was signed into law in January 2013, requires several significant modifications to the rules… Read More
Celebrity Endorsements, Online Poker and the FTC
Last week, without much attention, four new regulations affecting online gaming operations in New Jersey became effective under the authority of the Division of Gaming Enforcement. The rules include changes to directives on funding from social games, requirements for exclusivity, and operator server locations. However, the fourth rule is an addition which deals specifically with… Read More
School Scams: FTC Cracks Down on Florida Online Diploma Mills
Online diploma mills, which require little or no coursework to complete a degree have recently garnered much attention within the online education realm. Websites which offer questionable diplomas for hundreds of dollars target vulnerable consumers seeking a degree to improve their life prospects, while simultaneously casting a shadow over legitimate online educational institutions which… Read More
Broken Promises: A Glimpse at the Dark Side of Crowdfunding
The fact is that social media has connected us to each other in ways which seemed unimaginable only a few decades ago. Take for example the progression of social activism through online fundraising. Over the course of two short months the ALS Ice Bucket Challenge (“IBC”) went viral with millions of videos being posted by… Read More
Higher Ed False Claims Act Suits – Pass or Fail?
Career Education Corporation, like a host of other for-profit education companies, has found itself spinning on the courthouse revolving door. The latest legal challenge for CEC: a False Claims Act suit filed in federal court in New Jersey on May 16. The lawsuit alleges that CEC defrauded the federal government by (1) falsifying job placement… Read More
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