Property Fraud AlertsBy Don MateerReal Estate Law, December 2021There is a method for getting notified if anyone files a document with your name on it in the land recorder’s office of your county.
Property Fraud AlertsBy Don MateerSenior Lawyers, October 2021There is a method for getting notified if anyone files a document with your name on it in the land recorder’s office of your county.
A conservative approach in collecting taxes is not fraudBy Stanley R. Kaminski, John Kendzior, & Kyle MolidorState and Local Taxation, November 2017In the recent case of Bartolotta v. Dunkin’ Brands Grp., Inc., the United States District Court for the Northern District of Illinois dismissed, with prejudice, a class action suit against Dunkin’ Brands Group, Inc. and one of its franchisees in Illinois which alleged that they violated the Illinois Consumer Fraud Act by over collecting sales tax on their coffee bag sales.
Cyber Fraud and Cyber Security—What’s this all about?By Leonard F. AmariSenior Lawyers, October 2016This article deals with the attorney, and therefore his client, whose email address was used to misdirect a wire transfer to or from a client.
Boilerplate warnings no defense to fraud: The Second District’s decision in Rasgaitis v. WaterstoneBy Jennifer Fair & Charles W. MurdockBusiness and Securities Law, October 2014A recent Second District case, Rasgaitis v. Waterstone Financial Group Inc., held that, among other things, cautionary language in life insurance policies and annuities did not shield investment advisors from investors’ claims.
Illinois Insurance Claims Fraud Prevention Act: What whistleblowers and providers should knowBy R. Scott OswaldHealth Care Law, September 2014Readers are likely familiar with the federal Medicare and Medicaid Anti-Kickback Statute as well as with the False Claims Act. However, they may be less familiar with the Illinois Claims Fraud Prevention Act which includes provisions similar to those found in the federal laws, but applicable to private insurers. This article provides a primer on the Illinois Act with illustrative cases.
Ethics corner: Identity fraud in estate planningBy Deborah B. ColeTrusts and Estates, April 2014In light of the increased risk of identity theft, this might be a good time to update your client intake procedures and make sure that your staff is instructed to check for identification before notarizing documents or giving out information.
A new option for resolving investment fraud disputesBy Laurence M. LandsmanBusiness and Securities Law, July 2013This article provides the analytical framework for deciding whether to arbitrate a securities dispute involving a registered investment advisor within the FINRA Dispute Resolution process rather than file a lawsuit and litigate the claims in court.
Aiding Illinois consumers victimized in mortgage rescue scamsBy Jennifer D. FranklinMay 2013This article will assist attorneys representing victims of mortgage rescue scams in how to conduct a preliminary investigation in order to build their prima facie case and thus potentially survive a motion to dismiss or a motion to strike.
Appellate court reverses dismissal of a financial fraud case: Rasgaitis v. Waterstone Financial GroupBy Sara SiegallCivil Practice and Procedure, May 2013This recent decision offers useful reminders to civil litigators on a number of civil practices issues, and also teaches that statements concerning the suitability of a particular investment opportunity can be actionable as fraud where the statements are reasonably understood as grounded in fact rather than opinion.
“The newlywed game”—Marriage fraud in immigration: Ethical guidanceBy Jesse HodierneInternational and Immigration Law, May 2012A discussion of marriage-based immigration, the federal laws curtailing and prohibiting marriage fraud, and recommended actions for attorneys who know or suspect their clients are committing marriage fraud in an attempt to circumvent the immigration laws of the United States.
Internet scams & client trust accountsBy Juliet BoydCivil Practice and Procedure, September 2011In this global financial marketplace, it is not unusual for commercial lawyers to never meet their international clients in person. This has resulted in fertile ground for fraud.
Company Web sites: Best Practices for Avoiding Securities FraudBy Elizabeth A. Bleakley & Daryl M. SchumacherBusiness Advice and Financial Planning, August 2011A look at some of the regulatory issues and the application of antifraud provisions of federal and state securities laws to company Web sites.
Who has jurisdiction over workers’ compensation fraud?By Richard D. HanniganWorkers’ Compensation Law, August 2011Because the petitioner’s case involved questions of fact and not law, the circuit court lacked jurisdiction to hear the fraud complaint and found that the Illinois Workers’ Compensation Commission is the proper jurisdiction.
Company Web sites: Best practices for avoiding securities fraudBy Elizabeth A. Bleakley & Daryl M. SchumacherBusiness and Securities Law, July 2011A look at some of the regulatory issues, as well as the application of antifraud provisions of federal and state securities laws to company Web sites.
The Illinois Home Repair and Remodeling Act AmendmentBy J.A. SebastianGeneral Practice, Solo, and Small Firm, March 2011The legislative amendment of the Home Repair and Remodeling Act now creates additional enforcement powers with the private right of action.
Fraud on the Trademark Office in the U.S. and CanadaBy Sanjiv D. SarwateIntellectual Property, May 2009Those U.S. lawyers who are ready to pack their bags to escape Medinol and its works may wish to remain, at least until the Federal Circuit weighs in later this year.
The consequences of committing fraud in trademark filingsBy Richard B. Biagi & Jeremy M. RoeIntellectual Property, March 2009 For a multi-class application, fraud may potentially result in the cancellation of the mark within the international class of nonuse or misstated use. While a finding of fraud does not necessarily eliminate a mark owner’s common law rights, the owner does lose the benefits of a federal registration.
Consumer standing in Walker Process fraud casesBy Jamie ManningJanuary 2009Whether consumers have standing to bring Walker Processclaims is an open question in the federal courts that could soon lead to a circuit split.
Secondary actor liability for securities law violationsBy Tanya SolovBusiness and Securities Law, June 2008In claims alleging securities fraud, “secondary actors” often include officers, directors, accountants, bankers, attorneys, vendors, and underwriters.
The unwanted: Dead witnesses, The Dead Man’s Act and the Frauds ActBy Patrick M. KinnallyCivil Practice and Procedure, February 2008Although we do not like to acknowledge it, mortality will call someday. Oftentimes, we ignore what we should heed most. The making of a will or trust is scheduled for next week.
Scamming the scammersElder Law, October 2004Not to be outdone by Nigeria, Canada has come up with its own scam on older persons.
Phishing: New Internet scam for seniors (and others) to bewareElder Law, March 2004An Internet scam that has recently been reported demonstrates the ingenuity of con artists. As people get more sophisticated about using the Internet and know not to give out personal information to an unfamiliar site or e-mail correspondent, scammers have come up with a more sophisticated way to get that information.
