Publications

Section Newsletter Articles on Fraud

Boilerplate warnings no defense to fraud: The Second District’s decision in Rasgaitis v. Waterstone By Jennifer Fair and Charles W. Murdock Business and Securities Law, October 2014 A 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 know By R. Scott Oswald Health Care Law, September 2014 Readers 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 planning By Deborah B. Cole Trusts and Estates, April 2014 In 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.
How I almost lost my daughter’s wedding fund By Hon. Adrienne W. Albrecht Legal Technology, Standing Committee on, March 2014 The author shares her experience with identiy theft.
A new option for resolving investment fraud disputes By Laurence M. Landsman Business and Securities Law, July 2013 This 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 scams By Jennifer D. Franklin Antitrust and Unfair Competition Law, May 2013 This 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 Group By Sara Siegall Civil Practice and Procedure, May 2013 This 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 guidance By Jesse Hodierne International and Immigration Law, May 2012 A 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 accounts By Juliet Boyd Civil Practice and Procedure, September 2011 In 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.
Legislative update: From the governor’s office to the law office By Richard W. Zuckerman General Practice, Solo, and Small Firm, September 2011 Recently signed legislation that may have affect general practitioners.
Company Web sites: Best Practices for Avoiding Securities Fraud By Elizabeth A. Bleakley and Daryl M. Schumacher Business Advice and Financial Planning, August 2011 A 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. Hannigan Workers' Compensation Law, August 2011 Because 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 fraud By Elizabeth A. Bleakley and Daryl M. Schumacher Business and Securities Law, July 2011 A 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 Amendment By J.A. Sebastian General Practice, Solo, and Small Firm, March 2011 The legislative amendment of the Home Repair and Remodeling Act now creates additional enforcement powers with the private right of action.
Fraud Enforcement and Recovery Act of 2009 By Howard Z. Gopman Business and Securities Law, May 2010 A brief summary of the criminal and civil provisions of the Act.
Fraud on the Trademark Office in the U.S. and Canada By Sanjiv D. Sarwate Intellectual Property, May 2009 Those 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 filings By Richard B. Biagi and Jeremy M. Roe Intellectual 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 cases By Jamie Manning Antitrust and Unfair Competition Law, January 2009 Whether consumers have standing to bring Walker Process claims is an open question in the federal courts that could soon lead to a circuit split.
Secondary actor liability for securities law violations By Tanya Solov Business and Securities Law, June 2008 In claims alleging securities fraud, “secondary actors” often include officers, directors, accountants, bankers, attorneys, vendors, and underwriters.
A primer on pleading securities fraud under PLSRA: the Seventh Circuit’s decision in Tellabs By Charles W. Murdock Business and Securities Law, April 2008 The breath and clarity of the opinion in Makor Issues & Rights, LTD v. Tellabs, Inc. provide a clinic on the effect of PLSRA from the perspective of the requirements to plead securities fraud.
The unwanted: Dead witnesses, The Dead Man’s Act and the Frauds Act By Patrick M. Kinnally Civil Practice and Procedure, February 2008 Although 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.
Book Review: Scam-Proof Your Life, 377 Smart Ways to Protect You & Your Family from Rip-offs, Bogus Deals & Other Consumer Headaches by Sid Kirchheimer By Kristi Vetri Elder Law, June 2007 Our clients get scammed everyday at work, at home, even when on vacation. Sid Kirchheimer, consumer crusader and AARP scam specialist, interviewed consumer protection experts, industry insiders, even the con artists and crooks.
Buyer’s remedies in the fraudulent sale of residential property By Donald A. LoBue General Practice, Solo, and Small Firm, December 2005 The courts continue to expand buyers’ remedies regarding the purchase of homes.
Stops along the information superhighway: Web sites on scams, frauds and urban legends By Lee Beneze Elder Law, March 2005 The Internet is the new medium of choice for the same con artists, scammers and hoaxers that are always with us and it has given them a whole new way to fleece the gullible and the innocent.
Doctors and health care fraud: what every attorney should know about the False Claims Act and qui tam By Michael K. Goldberg General Practice, Solo, and Small Firm, January 2002 This article will explore the affect of this enormous growth in health care fraud on physicians and administrators, focusing on the primary vehicle used by law enforcement to root out health care fraud, The False Claims Act.