News & Analysis as of

Fraud Misappropriation

Fraud is the making of false representations or engaging in deceptive behavior in order to unlawfully secure financial or personal gain. 
Adams and Reese LLP

What are the Best Practices for Internal Controls and the Warning Signs of Embezzlement?

Adams and Reese LLP on

President Ronald Reagan once said, “Trust, but verify,” echoing a Russian proverb to describe the relationship moving forward with the Soviet Union. The saying loosely translates into proceeding cautiously when someone is...more

Bricker Graydon LLP

New AOS Requirement: All Employees and Elected Officials of a Political Subdivision Required to Complete Online Fraud Training by...

Bricker Graydon LLP on

Per recent updates to various sections of Ohio law, all employees and elected officials of public entities in Ohio are required to report alleged fraud, theft in office, or misuse or misappropriation of public money....more

Benesch

From Scarlett Johansson to Tupac: AI is Sparking a Performer Rights Revolution

Benesch on

With artificial intelligence (AI) taking the world by storm and generative AI making content creation easier than ever, legal problems regarding intellectual property and rights to publicity have inevitably started popping...more

Warner Norcross + Judd

How the MBTFA Protects Subcontractors, Suppliers and Owners

Warner Norcross + Judd on

The Michigan Builders Trust Fund Act (MBTFA), MCL 570.151 et seq. was signed into law in the early years of the Great Depression to protect people from fraud and misappropriation of funds in the construction industry. During...more

Cooley LLP

Professor Coffee tackles the “shadow trading” theory

Cooley LLP on

Here is a great article—no surprise considering its author, Columbia Law Professor John Coffee—that practically gives the last rites to the “shadow trading” theory recently accepted by a federal district court and a jury in...more

Conyers

Beyond the Betrayal: Navigating Strategies for Victims of APP Fraud

Conyers on

Authorised Push Payment (“APP”) fraud, where victims are tricked into authorising payments to fraudsters, resulted in losses of £485.2m in 2022 and is reported to have risen by 22% in 2023. With consumer protection laws...more

McDermott Will & Emery

Unfair Play: Unjust Enrichment for Copying and Using Non-Trade-Secret Spreadsheet

McDermott Will & Emery on

The US Court of Appeals for the Second Circuit reversed a district court’s dismissal of an unjust enrichment claim, finding that unjust enrichment claims do not necessarily rise or fall with trade secret misappropriation...more

Kohn, Kohn & Colapinto LLP

Crypto Fraud Remains Focus of CFTC Whistleblower Program

For the second straight year, the majority of whistleblower tips received by the Commodity Futures Trading Commission (CFTC) Whistleblower Program were related to cryptocurrency fraud. On October 31, the CFTC released its...more

King & Spalding

Florida Federal Court Denies Deutsche Bank’s Request for a New Trial Over Ponzi Scheme

King & Spalding on

On September 11, 2023, the U.S. District Court for the Southern District of Florida denied Deutsche Bank’s request for a new trial and required the bank to pay pre-judgment interest following a verdict handed down in April...more

Mintz - Intellectual Property Viewpoints

An Overview of Shotgun Pleadings in the Federal Courts

Advice that may have served House of Pain in their 1992 hit song, “Jump Around,” to “bring a shotgun” to battle likely does not translate well to plaintiffs in federal litigation contemplating bringing a “shotgun” pleading to...more

Fox Rothschild LLP

Silence as to Some Facts in a Complaint can be Golden

Fox Rothschild LLP on

A dispute between co-owners of a trampoline park in Asheville came before the Business Court, appropriately enough, on defendants’ motion to bounce plaintiffs’ claims regarding misappropriation of funds. In Bivins v....more

BakerHostetler

Jury Finds Former NFT Marketplace Manager Guilty of 'Insider Trading' Wire Fraud Scheme and Money Laundering

BakerHostetler on

On May 3, 2023, a jury found Nathaniel Chastain, a former manager of OpenSea (a major NFT marketplace), guilty of wire fraud and money laundering in connection with his attempts to conceal his use of confidential business...more

Seward & Kissel LLP

Not So Silver Lining, Weird Science, F is for Fraud, and Alex Jones Under the Microscope

Seward & Kissel LLP on

Below is our initial take on recent bankruptcy-related developments: Silvergate reported a $1 billion loss for the fourth quarter and said it is unable to meet an extended March 16 deadline for submitting its annual...more

Foodman CPAs & Advisors

El Fraude Ocupacional Es El Delito Financiero Más Común

“El fraude ocupacional es muy probablemente la forma de delito financiero más costosa y común del mundo”, según el Reporte a las Naciones del 2022 emitido por la Asociación de Examinadores de Fraude Certificados (ACFE), la...more

J.S. Held

The Role of Forensic Accountants in Measuring and Detecting Fraud in Employee Loss Claims

J.S. Held on

Insurance claims for employee losses are generally examined by insurance carriers. The carrier will often retain a forensic accountant who has the ability to measure employee losses. Employee losses are typically categorized...more

Ankura

Factors to Be Considered by Financial Organizations for an Effective Transactional Monitoring System

Ankura on

The rising incidence of financial crime continues to haunt financial institutions globally. As per a recent industry report, more SARs (suspicious activity reports) were filed by ~80% of the firms in 2021. COVID-19 pandemic...more

Nutter McClennen & Fish LLP

Nutter Securities Enforcement Update: September 1, 2022

The Nutter Securities Enforcement Update is a periodic summary of noteworthy recent securities enforcement activity, settlements, decisions, and charges. ...more

Society of Corporate Compliance and Ethics...

Fraud cases are becoming more complex

CEP Magazine (August 2022) - The Association of Certified Fraud Examiners (ACFE) has been publishing a study on fraud every two years since 1996. This year’s edition, Occupational Fraud 2022: A Report to the Nations, is...more

Patton Sullivan Brodehl LLP

California Supreme Court: Penal Code Section 496(c) Can Apply To Business Disputes

In a long-awaited opinion — Siry Investment, L.P. v. Farkhondehpour — the California Supreme Court held that California Penal Code section 496 can apply to a business dispute. The opinion resolves a split of authority among...more

Foodman CPAs & Advisors

Occupational Fraud Is The Most Common Financial Crime

“Occupational Fraud is very likely the costliest and most common form of financial crime in the world” as per the 2022 Report to the Nations issued by the Association of Certified Fraud Examiners (ACFE) – the world’s largest...more

Foodman CPAs & Advisors

¿Víctima De Cripto-Fraude? Un Contador Forense Puede Ser Capaz De Ayudar

Los inversionistas en el espacio de cripto deben estar conscientes de que el cripto-fraude existe en el espacio criptográfico de la misma manera que existe y tiene lugar en el espacio fiduciario tradicional. Los...more

Greenbaum, Rowe, Smith & Davis LLP

U.S. Department of Justice Takes Aim at Extensive PPP Loan Fraud

What You Need to Know- •The federal government estimates that fraud totals related to the Paycheck Protection Program are as high as $80 billion, due to the fallout from a fast-tracked applicant vetting process that...more

McDermott Will & Emery

Self-Dealing Lawyer Held Jointly and Severally Liable in Trade Secret Misappropriation

McDermott Will & Emery on

The US Court of Appeals for the Fifth Circuit affirmed a judgment holding a lawyer jointly and severally liable for trade secret misappropriation and fraudulent transfer and enjoining any further use of the trade secrets...more

ArentFox Schiff

Investigations Newsletter: DOJ Secures $5.6 Billion in False Claims Act Recoveries in Fiscal Year 2021 

ArentFox Schiff on

DOJ Secures $5.6 Billion in False Claims Act Recoveries in Fiscal Year 2021 - On February 1, 2022, the U.S. Department of Justice (DOJ) announced that the Department recovered approximately $5.6 billion in False Claims Act...more

Goodwin

Litigation Insights - July 2021

Goodwin on

FOREWORD - On behalf of the new and expanding Goodwin London litigation team I am delighted to welcome you to our first ever ‘Litigation Insights’: a series of quarterly updates on important and interesting developments...more

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