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Fraud Law
 
North Counties Engineering v. State Farm General Insurance Company

North Counties Engineering, Inc. (NCE), an engineering company, and Gary Akerstrom, its president (sometimes collectively, appellants), were sued in 2004 in two lawsuits that sought property damage arising out of the construction of a dam completed in 1999. Appellants tendered defense of the lawsuits to State Farm General Insurance Company (State Farm), under a business policy it had issued to NCE... More...   $0 (03-13-2014 - CA)

Capcor at KirbyMain, L.L.C. v. Moody National Kirby Houston S, L.L.C d/b/a Moody National Kirby Houston, L.L.P and Moody National Title Company, L.P.

This appeal concerns the fiduciary responsibilities of a title insurer as escrow agent for a commercial real estate transaction. Appellant Capcor at KirbyMain, L.L.C., argues that the escrow agent—appellee Moody National Title Company,

2

L.P.—breached its fiduciary duties by refusing to accept a cashier’s check to close Capcor’s purchase of a tract of unimproved land. Capcor ... More...
   $0 (03-13-2014 - TX)

Varosa Energy, Ltd. v. David R. Tripplehorn II, Aspen Development Company, LLC, and 1801 Corporation

Varosa Energy, Ltd., the plaintiff in the trial court, appeals from a judgment awarding Varosa $892,000 for breach of contract by Jake Rollings d/b/a Jake’s Equipment and Repair. Varosa’s complaint on appeal is that the judgment did not

2

declare other parties—appellees David R. Tripplehorn, II and Aspen Development Company, LLC—jointly and severally liable.1

A jury fo... More...
   $0 (03-13-2014 - TX)

United States of Amercia v. Mark F. Spangler

A long-time Seattle investment advisor was sentenced today in U.S. District Court in Seattle to 16 years in prison, three years of supervised release and $19.8 million dollars in restitution for 32 criminal counts including wire fraud, money laundering and investment advisor fraud, announced U.S. Attorney Jenny A. Durkan. MARK F. SPANGLER, 58, formerly of Seattle, promised his clients that he wou... More...   $0 (03-13-2014 - WA)

United States of America v. Jose Luis Suarez



Jose Luis Suarez, owner of Air One Mobile Welding Supply Company in Odessa, TX, faces up to 20 years in federal prison and full restitution after admitting to underpaying taxes owed to the federal government and the State of Texas announced United States Attorney Robert Pitman, Homeland Security Investigations Special Agent in Charge Dennis Ulrich and IRS-Criminal Investigation Special Age... More...
   $0 (03-12-2014 - TX)

United States of America v. Anthony R. Thomas

ANTHONY R. THOMAS, age 48, a resident of New Orleans, Louisiana, pled guilty today to a nine-count superseding bill of information charging him with multiple criminal counts for his involvement in a 2007 scheme to burn his rental property for fire insurance, a 2009 scheme to burn another rental property for his accomplice to collect fire insurance and his attempt at covering up his involvement in ... More...   $0 (03-12-2014 - LA)

United of America v. Stanley Zdon, III

STANLEY ZDON, III, age 28, a resident of Tuckerton, New Jersey, pled guilty today to conspiracy to produce child pornography, announced United States Attorney Kenneth Allen Polite, Jr.

According to court documents, in November 2013, ZDON was arrested by special agents with the United States Department of Homeland Security, Homeland Security Investigations (“HSI”) after they determined t... More...
   $0 (03-12-2014 - LA)

United States of America v. Gregory L. Tropea

Gregory L. Tropea, 52, of Newport News, Va., was sentenced to 336 months and a lifetime of supervised release for his convictions on three counts of receipt of child pornography and one count of making a false statement to an agent of the United States.

Dana J. Boente, Acting United States Attorney for the Eastern District of Virginia, FBI Special Agent in Charge Royce E. Curtin, and Rich... More...
   $0 (03-12-2014 - VA)

Abdo Hizam v. John Kerry

21 Abdo Hizam was born in Yemen in October 1980. His father was a
22 naturalized U.S. citizen. In 1990, his father submitted an application for a
23 Consular Report of Birth Abroad (“CRBA”) on Hizam’s behalf, and the parties
3
agree 1 that the representations made in the application were truthful. The
2 consular officer at the U.S. Embassy in Yemen issued Hizam a CRBA, wh... More...
   $0 (03-12-2014 - NY)

United States of America v. Akihiko Siegfried

Akihiko Siegfried, age 55, formerly of Denver, Colorado, was sentenced Monday, March 10, 2014, by U.S. District Court Judge Philip A. Brimmer to serve 63 months in federal prison for mail fraud and money laundering, federal law enforcement authorities announced. Siegfried was also ordered to serve a 3 year term of supervised release following his prison sentence. Judge Brimmer also ordered him t... More...   $0 (03-12-2014 - CO)

United States of America v. Richard David Wyss

The issue before us is whether 18 U.S.C. § 3563(c), which generally authorizes a district court to modify a defendant’s conditions of probation, authorized the court in this case to modify an order of restitution imposed pursuant to the Mandatory Victim Restitution Act (MVRA), 18 U.S.C. § 3663A, over three years after the judgment of sentence became final. Reviewing this question of statutory ... More...   $0 (03-12-2014 - UT)

United States of America v. Michael Wayne Lowstetter

United States Attorney James L. Santelle, of the Eastern District of Wisconsin, announced that on March 11, 2014, Michael Wayne Lowstetter (age: 35) of Xenia, Ohio (formerly of Union Grove, Wisconsin) was sentenced to 30 months in a federal prison by United States District Judge Charles N. Clevert, Jr. Lowstetter had previously pleaded guilty to two counts of mail fraud, in violation of Title 18,... More...   $0 (03-11-2014 - WI)

United States of America v. Daniel Mumbower

Daniel Mumbower, 35, a former banker, of Glassboro, NJ, was sentenced to 41 months in prison for two counts of bank fraud and one count of receiving bribes by a bank employee for his role in a scheme that defrauded lenders of nearly $3 million. U.S. District Court Judge C. Darnell Jones, II, also ordered three years of supervised release, a $300 special assessment, restitution of $2,718,758, and ... More...   $0 (03-11-2014 - PA)

United States of America v. Barbara Eberle

Barbara Eberle, 66, and Robert Eberle, 75, both of Oxford, Ga. but formerly of Chico, Calif. were sentenced today by United States District Judge Garland E. Burrell Jr. to five years in prison and ordered to pay more than $13.2 million in restitution, United States Attorney Benjamin B. Wagner announced. The Eberles pleaded guilty to securities fraud on July 20, 2012.

The defendants were ind... More...
   $0 (03-11-2014 - CA)

United States of America v. Michael Wayne Harding

A local businessman and former commercial real estate agent, who pled guilty last year to a variety of federal fraud charges, was sentenced today in the United States District Court for the Western District of Virginia in Charlottesville.

Michael Wayne Harding, 59, of Keswick, Va., previously waived his right to be indicted and entered a plea of guilty to one count of wire fraud and one cou... More...
   $0 (03-11-2014 - VA)

United States of America v. Youssef Hafez Abdelbary

Youssef Abdelbary appeals a district court order requiring him to pay restitution as part of his sentence for bankruptcy fraud. Finding no error, we affirm.

I.

Abdelbary was convicted of wire fraud, money laundering, currency structuring, bankruptcy fraud, and perjury. This is the second appeal in this case, and many of the facts relevant to this appeal are set out in our first decis... More...
   $0 (03-11-2014 - VA)

United States of America v. Safiyyah Tahir Battles

After a jury trial, Safiyyah Tahir Battles was convicted of one count of wire fraud, in violation of 18 U.S.C. § 1343, and one count of money laundering, in violation of 18 U.S.C. § 1957(a). Ms. Battles was sentenced to thirty months in prison, followed by two years of supervised release. The district court also ordered her to make restitution to the victim of her crimes. Ms. Battles now appeals... More...   $0 (03-11-2014 - OK)

United States of America v. Robert Kelly

ROBERT KELLY, the Chief Executive Officer of Wwebnet, Inc. (“Wwebnet”), a software development company, pled guilty today in Manhattan federal court to securities and wire fraud charges. KELLY diverted for his own personal use over $2 million in investor proceeds that was intended for the development of a software program capable of transmitting music, videos, and movies over the Internet. He ... More...   $0 (03-11-2014 - NY)

United States of America v. Jason Armstrong

United States Attorney Deborah R. Gilg today announced that Chief United States District Court Judge Laurie Smith Camp, sentenced Jason Armstrong, age 35 of Omaha, Nebraska, following his conviction for Conspiracy to Commit Mail Fraud. Armstrong was sentenced to 24 months in prison and ordered to pay restitution to the Nebraska Department of Health and Human Services in the amount of $141,091.18.... More...   $0 (03-10-2014 - NE)

United States of America v. Wendell Cisco

Wendell Cisco, 39, of York, PA, pleaded guilty today to his role in a tax fraud scheme that bilked the government of over $1.8 million. Cisco is one of nine defendants who participated in a conspiracy to defraud the Internal Revenue Service through false tax returns. Cisco pleaded guilty to one count of conspiracy to file false claims and one count of theft of government property, admitting respon... More...   $0 (03-10-2014 - PA)

United States of America v. Frederic Cilins

Preet Bharara, the United States Attorney for the Southern District of New York, and Mythili Raman, the Acting Assistant Attorney General for the Criminal Division, announced today the guilty plea of FREDERIC CILINS, a French citizen, for obstructing a federal criminal investigation into allegations of bribes paid to secure certain valuable mining rights in the Republic of Guinea. CILINS was arres... More...   $0 (03-10-2014 - OK)

Paige Trotter Holloway and Barbara Trotter Collins, Et Al v. Richard Monroe, Kathy Kyle and Dawn Rigby

This is an appeal from a summary judgment in favor of the Appellees, Richard Monroe, Kathy Kyle, and Dawn Rigby. The Appellants, Paige Trotter Holloway and Barbara Trotter Collins, Individually, as Co-Administrators of the Estate of J. T. Trotter, Deceased, as Co-Trustees of Trotter Grandchildren’s 1993 Trusts, J. T. Trotter 2004 Grantor Trust, Trotter GGC 2004 Trust, Trotter 1993 Trust for Paig... More...   $0 (03-08-2014 - TX)

United States of America v. Lance Kellow

A Henderson, Nevada man has been sentenced to 57 months in prison and ordered to pay $834,000 in restitution for his role in a mortgage fraud scheme that caused over $1 million in losses to federally insured financial institutions, announced Daniel G. Bogden, United States Attorney for the District of Nevada.

Lance Kellow, 37, was sentenced on Friday, March 7, 2014, by U.S. Dist... More...
   $0 (03-07-2014 - NV)

United States of America v. Linda Rose Gagnon

An Irvine woman was sentenced today to 37 months in federal prison for defrauding a group of Roman Catholic Sisters out of $285,000, which she misappropriated and spent for her own use after promising to use the money to help the nuns purchase a retirement home.

Linda Rose Gagnon, 59, was sentenced by United States District Judge Andrew J. Guilford, who presided over Gagnon’s trial last ... More...
   $0 (03-07-2014 - CA)

United States of America v. Dr. Spyros Panos

Preet Bharara, the United States Attorney for the Southern District of New York, announced that DR. SPYROS PANOS, an orthopedic surgeon, was sentenced today in White Plains federal court before U.S. District Judge Nelson S. Roman to serve 54 months in prison for operating a long-running health care fraud scheme in which PANOS defrauded Medicare, the New York State Insurance Fund, and numerous priv... More...   $0 (03-07-2014 - NY)

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