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09-3403 & 09-3684 U.S. v. Segal
Fraud Honest services A conviction for honest services fraud need not be reversed if the verdict can be supported by an alternative legal theory alleged in the indictment. “Contrary to Segal’s assertion that this case was presented as one primarily resting on an honest services violation, the case, and the government’s presentation, were about the […]
Former credit union manager accused of fraud
MADISON, Wis. (AP) — A former credit union branch manager is accused of falsifying loans to family members for more than $36,000, then using the money herself. Thirty-two-year-old Jacqueline Smith, of Oregon, was charged Tuesday with fraud in Dane County. The Dane County Credit Union reported the alleged thefts to police in April 2010. According […]
10-2194 Cole v. CIR
Tax Income tax; fraud Where the taxpayer is an attorney specializing in business planning and tax matters, the Tax Court reasonably found that he committed fraud by funneling income into entities that lacked any business purpose. “The Coles also concealed assets by funneling income into multiple business entities that lacked any business purpose. The entities […]
10-2757 In re Davis
Bankruptcy Discharge; fraud A judgment pursuant to a state’s home improvement act can be discharged in bankruptcy. “At bottom, this case involves a miscommunication, not fraud. Reeves and Davis had different understandings of what was included in the contract. The state court found Reeves’s understanding to be the correct one. But only if Davis in […]
Pre-bankruptcy planning is not fraud
Merely transferring funds from non-exempt assets to exempt ones on the eve of bankruptcy as part of “pre-bankruptcy planning” is not proof of fraud.
09-12461-7 In re Rieck
Bankruptcy Discharge; fraud Summary judgment on a debt’s nondischargeability for fraud is inappropriate where the debtor is a contractor, and there is a factual dispute whether he was negligent or committed an intentional theft. “In essence, there is a dispute as to which of the company’s principals was the ‘intentional’ tortfeasor and which, if either, […]
09-16668-7 In re Neale
Bankruptcy Fraud; dismissal Where an adversary complaint seeks to except a debt from discharge because of fraud, but fails to include allegations how the debtor defrauded the creditor, it must be dismissed. “The bankruptcy code only authorizes a discharge for the proverbial ‘honest but unfortunate debtor.’ Grogan v. Garner, 498 U.S. 279, 287, 111 S. […]
Theft by Fraud in the Workplace
Increasingly, business owners find themselves the victims of employee theft. It is often the employees put in a position of trust to handle the money and the books that are the perpetrators.
09-219 Rice, Heitman & Davis S.C., v. Sasse
Bankruptcy Fraud An attorney could not get an exception to discharge a client’s debt on the basis that he was fraudulently induced to continue representing him. “The plaintiff’s argument is that he ‘trusted’ the debtor, but arguably the creditor in Huang trusted the debtor to honor various prepetition representations about bankruptcy as well. A prepetition […]
Independence vital in fraud investigations
I would like to think that most companies are committed to doing business honestly. They try to do the right thing, and when a problem is found, they try to correct it quickly.
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- NAACP: No consequences for UWM Pro-Palestinian protesters shows ‘bias’ and ‘privilege’
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- Lavinia Goodell 150th Anniversary commemoration to be held June 17
- WisGOP reacts to vice president’s Wisconsin visit
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- Wisconsin election fraud charge issued from November 2022 general election
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- Man pleads guilty in theft of Arnold Palmer green jacket, other Masters memorabilia from Augusta
- KS Governor cites competition concerns while vetoing measure for school gun-detection technology
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