| False Pretense Law |
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PHL Variable Insurance Company v. The P. Bowie 2008 Irrevocable Trust, by and through its trustee, Louis E. Baldi
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This is an appeal from a grant of summary judgment in favor of plaintiff PHL Variable Insurance Company ("PHL") in its equitable action for rescission of a life insurance policy and special damages incident to the rescission of that policy. See PHL Variable Ins. Co. v. P. Bowie 2008 Irrevocable Trust, 889 F. Supp. 2d 275 (D.R.I. 2012). The district court found that the defendant, The P. Bowie 200... More... $0 (05-13-2013 - RI)
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United States of America Vs Joan R LaPlante
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When Appellant Joan LaPlante's once-successful factoring business ran into serious financial trouble, she allegedly defrauded a number of lenders to obtain more money to help get her out of the mess. After a government investigation, indictment and five-day trial, a jury convicted LaPlante of mail fraud under 18 U.S.C. § 1341. LaPlante now appeals her conviction, challenging the district court's ... More... $0 (05-08-2013 - NH)
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United States of America v. Paul R. Gunter
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The United States of America charged Paul R. Gunter, age 64, with conspiracy to defraud the United States, frauds and swindles, fraud by wire, radio or television, attempted and conspiracy to commit mail raud, fraud by wire, radio or television, money laundering, postal, interstate wire, radio, etc., in interstate commerce in violation 18 U.S.C. 1341.F, 18 U.S.C. 1343.F, 18 U.S.C. 1348.F, 18 U.S.C... More... $0 (04-19-2013 - FL)
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United States of America v. Geleal Garcia-Gonzalez
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Beleal Garcia-Gonzalez (“Garcia”) appeals his conviction and sentence of 360 months of imprisonment and $600 in assessment fees, challenging: (1) the propriety of a supplemental jury instruction and the sufficiency of the evidence in support of his jury convictions on three counts of child sex trafficking; (2) the calculation of his sentence under the U.S. Sentencing Guidelines; and (3) three ... More... $0 (04-17-2013 - TX)
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Lisa Williamson v. Mark C. Curran, Jr.
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Lisa Williamson was arrested along with her husband Lance on a charge that they had stolen someone else’s horse. After being acquitted on the charge, Williamson filed suit against two Lake County, Illinois sheriff’s deputies pursuant to 42 U.S.C. § 1983, alleging that they arrested her without probable cause in violation of the Fourth Amendment and de2
No. 09-3985
prived her of ... More... $0 (04-04-2013 - IL)
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United States of America v. Jimmy E. Morrisset
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The United States of America charged Jimmy E. Morrisset, age 53, with wire fraud, mail fraud and money laundering in a 182 count indictment relating to a Ponzi-trye scheme that used new investor money to pay earlier investors in oil and gas ventures from late 2004 until early 20007.
Title 18 U.S.C. 1343 provides:
The elements of wire fraud under Section 1343 directly parallel tho... More... $0 (03-28-2013 - OK)
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The People v. Ryan Luke Powell
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A felony information charged Ryan Luke Powell with one count of second degree robbery in violation of Penal Code sections 211 and 212.5, subdivision (c) (further code references are to the Penal Code). Over Powell’s objection, the trial court instructed the jury on theft by false pretense as a lesser included offense of the charged crime of second degree robbery. The jury acquitted Powell of rob... More... $0 (03-05-2013 - CA)
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State of Oklahoma v. Darell Steven King
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The State of Oklahoma charged Darell Steven King with first degree murder in volation of 21 O.S. 701.7; possession of a firearm AFCF in violation of 21 O.S. 1283; conspiracy in violation of 21 O.S. 421; and intimidation of witness in violation of 21 O.S. 455 in connection with the shooting death of 22-year-old Mark "Capone" Williams at a drug house in Tulsa, Oklahoma on July 30, 2007.
Tit... More... $0 (03-02-2013 - OK)
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United States of America v. Bernard J. Kurlemann
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Eric Duke and Bernard Kurlemann sold expensive homes to straw buyers who had little income and insufficient cash to make down payments on the sales. The effective buyers, once the scheme unraveled and the buyers defaulted, became the banks. Federal prosecutors caught wind of the deception and charged Duke and Kurlemann with making false statements to a lending institution and on top of that charge... More... $0 (02-13-2013 - OH)
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Sharon Bell v. Igal J. Feibush
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Penal Code section 496, subdivision (a) (section 496(a)) makes receiving or buying property “that has been obtained in any manner constituting theft” a criminal offense punishable by imprisonment. Section 496, subdivision (c) (section 496(c)) provides that any person “who has been injured by a violation of [section 496(a)] . . . may bring an action for three times the amount of actual damage... More... $0 (01-20-2013 - CA)
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State of Oklahoma v. Alonzo "Jack" Johnson
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The State of Oklahoma charged Terrico Dion Bethel, Mohammed Abraham Aziz, Alonzo Cortez Johnson, Fred Allen Shields, Jr. a/k/a Jerry M. Sheilds and Allen Edward Shields a/b/a Alan Shields with conspiracy to commit first degree murder and the first degree murder of Neal Sweeney who was shot to death in his office on September 4, 2008.
The crime of murder in Oklahoma is defined under More... $0 (12-13-2012 - OK)
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Dave Singh v. Jeff Davi
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Jeff Davi, as Commissioner of the Department of Real Estate (DRE) (Commissioner) denied Dave Singh‟s application for a real estate broker‟s license based on the “dishonest nature” of his prior conviction for theft by false pretenses and the concern that it would not be in the public interest to issue Singh a license. Singh petitioned for a writ of administrative mandamus (Code Civ. Proc., ... More... $0 (11-19-2012 - CA)
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State of Oklahoma v. Jared Alan Hudley
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The State of Oklahoma charged Jared Alan Hudley with second degree burglary in violation of 21 O.S. 1435; knowingly concealing and/or receiving stolen property in violation of 21 O.S. 1713; and tampering with an automobile in volation of 21 O.S. 1787.
Title 21 O.S. 1435 provides:
Every person who breaks and enters any building or any part of any building, room, booth, tent, railr... More... $0 (11-06-2012 - OK)
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State of Oklahoma v. Donald Ray Giles, Jr. a/k/a Don Giles
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State of Oklahoma charged Donald Ray Giles, Jr. a/k/a Don Giles with knowingly receiving concealing stole property in violation of 21 O.S. 1713 which provides:
A. Every person who buys or receives, in any manner, upon any consideration, any personal property of any value whatsoever that has been stolen, embezzled, obtained by false pretense or robbery, knowing or having reasonable cause t... More... $0 (09-05-2012 - OK)
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Richard Terrance Ayers v. Jennifer Smith
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Appellant Richard Terrance Ayers, an inmate at the Beto Unit of the Texas Department of Criminal Justice (TDCJ), appeals the trial court’s dismissal of his suit with prejudice. He contends in twelve issues that the trial court erred by (1) dismissing his suit as frivolous under Chapter 14 of the Texas Civil Practice and Remedies Code, (2) denying his motion for new trial, and (3) denying his mo... More... $0 (08-16-2012 - TX)
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Apache Tribe of Oklahoma v. John H. Graves
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¶1 Plaintiff Apache Tribe of Oklahoma appeals from an order of the trial court granting summary judgment in favor of John H. Graves. Pursuant to Supreme Court Rule 1.36, 12 O.S.2011 ch. 15, app. 1, we review this record without appellate briefing. After review, we conclude that genuine issues of material fact remain precluding the entry of summary judgment. Accordingly, we reverse and remand... More... $0 (08-04-2012 - OK)
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Montgomery Bank, N.A. v. Marsha Steger
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Montgomery Bank, N.A. ("Bank") appeals the February 22, 2012 judgment of the bankruptcy court dismissing Bank's 1 complaint against Debtor Marsha Steger ("Debtor"). We affirm.
BACKGROUND
Debtor and James Clay Waller ("Waller") were the only members of Triple C Development, LLC ("Triple C"). Debtor handled the books; presumably, Waller handled everything else.
In February 2008,... More... $0 (06-14-2012 - MO)
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E-Shops Corp. v. U.S. Bank National Association
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After receiving a number of chargebacks resulting from fraudulent use of U.S. Bank National Association (“U.S. Bank”) credit cards, E-Shops Corp. (“E-Shops”) filed a class action complaint alleging U.S. Bank knowingly allowed itself to be an instrument of the fraud, thereby making E-Shops’s performance under its contract with its merchant bank more expensive. The district court1 dismisse... More... $0 (05-18-2012 - MN)
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MRA Property Management, Inc. v. Susan Armstrong
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This case involves a long-standing dispute between the Tomes Landing Condominium Association, Inc. (Association), located in Port Deposit, Maryland, and MRA Property Management, Inc., Appellants, and twenty-five condominium unit purchasers, Appellees.1
The unit purchasers were granted partial summary judgment in the amount of one million dollars against the Association and MRA in the Circui... More... $0 (04-30-2012 - MD)
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State of Oklahoma v. Donald Ray Giles, Jr. a/k/a Don Giles
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The State of Oklahoma charged Donald Ray Giles, Jr. a/k/a Don Giles with knowingly receiving and/or concealing stolen property in violation of 21 O.S. 1713 which provides:
A. Every person who buys or receives, in any manner, upon any consideration, any personal property of any value whatsoever that has been stolen, embezzled, obtained by false pretense or robbery, knowing or having reaso... More... $0 (04-27-2012 - OK)
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Jeffrey A. Bell v. Kendall Bennett
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On the court=s own motion, the above causes are hereby consolidated for purposes of disposing of these related summary judgment appeals in a single opinion. Each cause shall continue to bear its respective cause number.
Appellants Jeffery A. Bell and Wanda E. Bell appeal from the trial court’s grant of summary judgments in favor of Appellees[2] disposing of the Bells’ claims ... More... $0 (03-16-2012 - TX)
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State of Oklahoma v. Kenneth Scott Moore
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The State of Oklahoma charged Kenneth Scott Moore unauthorized use of a motor vehicle in violation of 47 O.S. 4-102 and knowingly concealing stole property in violation of 21 O.S. 1713.
Tilte 47 O.s. 4-102 provides:
A person not entitled to possession of a vehicle or implement of husbandry who, without the consent of the owner and with intent to deprive the owner, temporarily or ... More... $0 (03-07-2012 - OK)
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Hershel Oscar Rosenbaum v. Washoe County
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Hershel Oscar Rosenbaum (“Rosenbaum”) and his children appeal the district court’s order granting the defendants’ motion for summary judgment on the grounds of qualified immunity.
Rosenbaum was arrested as he stood outside a fair selling promotional tickets that he had received for free from a radio station. He was wearing a t-shirt with the logo of the station; his children, ages e... More... $0 (11-30-2011 - NV)
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Billy Joe Sowell v. Carl Anderson
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Billy Joe Sowell was convicted of aggravated murder and sentenced to death by a three-judge panel in 1983. At sentencing, counsel’s mitigation strategy was to portray Sowell as a good person who lost his temper under the influence of drugs and alcohol. Counsel pursued this strategy despite having available the reports of several court-appointed mental health experts, which hinted at Sowell’s d... More... $0 (11-15-2011 - OH)
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Tracie Hope, et al vs. Nissan North America, Inc.
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Before Division Two: James M. Smart, Jr., P.J., Mark D. Pfeiffer and Cynthia L. Martin, JJ. This case involves a putative class action lawsuit filed against Nissan North America, Inc. ("Nissan") on behalf of five named plaintiffs, Tracie Hope, Michael Meyer, Pamala Meyer, Ginger Bridger, and Robert Hurst (collectively, "Plaintiffs") based on allegations of a cosmetic bubbling defect in the dashboa... More... $0 (09-20-2011 - MO)
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