Boston, Massachusetts criminal law lawyer represented Defendant charged for engaging in a decade-long mortgage fraud scheme involving at least two dozen loan transactions, totaling $6.5 million, that resulted in more than $3.8 million in losses to lenders.

George Kritopoulos, 50, was sentenced by U.S. District Court Judge Patti B. Saris to four years in prison to be followed by two years ... More...    $0 (10-21-2022 - MA)

Mark G. DeGiacomo, the Chapter 7 bankruptcy trustee for the bankruptcy estate of Steven and Lori
Palladino ("the Palladinos") and Viking Financial Group, Inc., appeals from the bankruptcy court's grant of summary judgment in favor of appellee, Sacred Heart University. The summary judgment
order allowed the university to retain tuition payments made by the Palladinos for their adult child's... More...    $0 (11-12-2019 - MA)

In this appeal, we are asked to
revisit a case in which the plaintiff fought tooth and nail in the
Massachusetts state courts and lost. Displeased by the result of
the state-court proceedings, she repaired to the federal district
court and sought to have that court address essentially the same
grievances. The district court rejected her importunings, and the
plaintiff now a... More...    $0 (10-19-2018 - MA)

In both an online article and a subsequent TV interview, Bloomberg
News reported that the Securities and Exchange Commission had opened
an investigation to determine whether Emmanuel Lemelson, a priest
and hedge fund manager, had intentionally published false material
about public companies in whose stock he held a short position. Lemelson
filed suit against Bloomberg and ... More...    $0 (09-01-2018 - MA)

Following trial on The
Patriot Group, LLC's ("Patriot") adversary complaint requesting
denial of the discharge in bankruptcy of Steven Fustolo's
("Fustolo") debt, the bankruptcy court allowed Patriot's motion to
amend its pleadings and denied Fustolo's discharge pursuant to the
newly added claim. Fustolo seeks reprieve from his encumbrance,
imploring us to reverse the bankr... More...    $0 (07-22-2018 - MA)

Boston, MA - In this case, we affirm dismissal
of the added charge in a superseding indictment on Sixth Amendment
speedy trial grounds. On the facts of this case, we hold that the
constitutional speedy trial clock starts to run from the date of
the original indictment, rejecting the government's assertion that
it runs from the date of the charge first brought in the
superse... More...    $0 (06-20-2018 - MA)

In this case, we affirm dismissal
of the added charge in a superseding indictment on Sixth Amendment
speedy trial grounds. On the facts of this case, we hold that the
constitutional speedy trial clock starts to run from the date of
the original indictment, rejecting the government's assertion that
it runs from the date of the charge first brought in the
superseding indictme... More...    $0 (06-12-2018 - MA)

In February 2008, the government began investigating
Scott as a result of a civil case case against him in Massachusetts
state court involving a mortgage fraud scheme Scott operated in
and around Boston. Scott purchased multi-family homes, divided
them into condominium units, and then recruited straw buyers to
purchase the units at prices favorable to Scott. He attracte... More...    $0 (12-30-2017 - MA)

Michael David Scott appeals
from his conviction and sentence for wire fraud, bank fraud, and
money laundering, associated with a mortgage fraud scheme
perpetrated in the Boston area. His principal argument is that
the government unfairly procured his guilty plea by misusing
information he provided during proffer sessions. He also
challenges his sentence. For the following r... More...    $0 (12-08-2017 - MA)

Plaintiff-Appellant, Paul D. Jonson ("Jonson") commenced
two different actions against the Federal Deposit Insurance
Corporation ("FDIC"), challenging its decision to terminate his
employment.1 When the case reached the district court, the court
dismissed Jonson's complaint for lack of subject matter
jurisdiction. Jonson appeals the district court's decision.
First, Jonson ... More...    $0 (12-08-2017 - MA)

Kimberly Ann Zizza appeals an
order from the bankruptcy court denying her Chapter 7 discharge on
the grounds that she made material, knowing, and fraudulent false
oaths in the course of her bankruptcy proceedings. 11 U.S.C.
§ 727(a)(4). The bankruptcy court found that Zizza had failed to
disclose in her schedules and at her first creditors' meeting,
with reckless indifferen... More...    $0 (11-15-2017 - MA)

The single issue before us
is whether the bankruptcy court abused its discretion in denying
Appellant Laura Sheedy's ("Sheedy") motion for extension of time
to file a notice of appeal pursuant to Bankruptcy Rule 8002(d)
(1)(B) for failing to show excusable neglect. Sheedy's motion was
filed one business day late as a result of her attorney's
preoccupation with his second jo... More...    $0 (11-21-2017 - MA)

In August 2005, Paulo Rezende
took out two loans from Aegis Funding Corporation ("Aegis") to
refinance his mortgage on property in Everett, Massachusetts.
Rezende executed mortgages identifying Mortgage Electronic
Registration Systems, Inc. ("MERS") as the mortgagee, "solely as
nominee" for Aegis and its successors and assigns. In June 2010,
MERS assigned one of the mortgag... More...    $0 (08-31-2017 - MA)

Except where indicated, the following facts are not in dispute. Brendan Higgins, Joshua Huggard, and
Jordan Tobins were members and managers of numerous limited liability companies operating a small chain of pizzerias known as The Upper Crust. On April 5, 2012, Higgins, Huggard, and The Upper Crust, all of whom were represented by Levy and his firm, L & W, filed a civil lawsuit against Tob... More...    $0 (10-06-2016 - MA)

This case involves an attempt
by a Chapter 13 debtor to avoid foreclosure on her residential
mortgage through a lender liability suit in an adversary proceeding
within her bankruptcy case. Agreeing with the bankruptcy court, we
find all claims to be either time-barred or without merit, and
therefore affirm its grant of summary judgment in favor of the
creditors.
I. Back... More...    $0 (09-01-2015 - MA)

This case concerns the proper distribution of
surplus funds after a foreclosure sale initiated and conducted
by the holder of a second mortgage. After a jury-waived trial,
1 Of the bankruptcy estate of Nigel Thorpe.
2 John A. Dunnery, in his capacity as vice-president of Wachovia Bank.
2
a judge of the Superior Court ruled that defendant Wa... More...    $0 (08-13-2015 - MA)

The outcome of this federal
bankruptcy case turns on interpretations of two different state
statutes, each of which concerns defects in real estate titles.
In time, those interpretations may affect considerable numbers of
Massachusetts foreclosure proceedings. In this case, those
interpretations affect who will benefit from the estate's real
property assets: a bank, or the ... More...    $0 (06-26-2015 - MA)

Denise Murray portrays herself as
a whistleblower and charges that her quondam employer, Kindred
Nursing Centers West LLC (Kindred), fired her on that account.
Kindred denies this charge, asserting that it terminated Murray's
employment for a legitimate, nondiscriminatory reason: suspected
drug diversion. The district court assiduously sorted through the
evidence supporting... More...    $0 (06-10-2015 - MA)

The four bankruptcy appeals
before us pose a single question of statutory interpretation:
whether a Massachusetts state income tax return filed after the
date by which Massachusetts requires such returns to be filed
constitutes a "return" under 11 U.S.C. § 523(a) such that unpaid
taxes due under the return can be discharged in bankruptcy. For
the reasons set forth below, w... More...    $0 (02-18-2015 - MA)

New York, NY - Preet Bharara, the United States Attorney for the Southern District of New York, announced that MICHAEL LEVITIS, the owner of MISSION SETTLEMENT AGENCY (“MISSIONâ€�), was sentenced in Manhattan federal court to 108 months in prison in connection with a multimillion-dollar scheme that victimized more than 1,200 financially struggling people across the country. MISSION was also sent... More...    $0 (11-19-2014 - MA)

Appellant Paul Moushigian
was a creditor of the Appellees, who were Chapter 7 debtors, until
the bankruptcy court granted them a discharge. Moushigian now
challenges two orders issued by the bankruptcy court after it
granted the discharge. Our review is plenary, “without formal
deference to the district court’s intermediate affirmance.�
Redondo Constr. Corp. v. P.R. H... More...    $0 (09-03-2014 - MA)

Faced with the grim prospect of a crumbling marriage, Karen A. Brady-Zell (the debtor) engaged Danielle E. deBenedictis (the attorney) to act as her counsel. The debtor paid the attorney an up-front retainer of $25,000. After the representation ended, the attorney billed the debtor for additional fees and expenses of roughly $62,000. The debtor balked, and the attorney filed a state-court collecti... More...    $0 (06-25-2014 - MA)

Ruling on motions for summary judgment in a bankruptcy proceeding, the bankruptcy court made two determinations that are the primary subject of this appeal. First, the court ruled that the debtor failed to maintain his profit-sharing plan in substantial compliance with the applicable tax laws. This ruling meant that assets in the profit-sharing plan and two IRAs funded with plan assets were part ... More...    $0 (11-25-2013 - MA)

Appellant Raymond McArdle ("McArdle") is a former teacher in the public schools of the town of Dracut, Massachusetts. He claims, among other things, that Dracut improperly handled his request for leave under the Family and Medical Leave Act, 29 U.S.C. § 2612 ("FMLA") and forced him to resign in retaliation for seeking such leave. The district court granted summary judgment dismissing all of McAr... More...    $0 (10-09-2013 - MA)

This is a contract dispute over the terms of a mortgage contract between the borrower, plaintiff-appellant Stanley Kolbe, and the servicer of his loan, defendant-appellee BAC Home Loans Servicing, LP ("BAC" or "the Bank"). Kolbe sued the Bank in a putative class action for damages alleged to have arisen out of the Bank's requirement that he maintain flood insurance in an amount sufficient to cover... More...    $0 (09-27-2013 - MA)

David O'Donnell wants what every debtor in bankruptcy wants — a fresh start. You see, a debtor generally gets a discharge from debts owed at the time he files his bankruptcy petition. See 11 U.S.C. § 727(b). But this fresh-start opportunity is only for "the honest but unfortunate debtor." Grogan v. Garner, 498 U.S. 279, 286-87 (1991) (internal quotation marks omitted). And that is why Congress ... More...    $0 (08-26-2013 - MA)

Edwin DeJesus and Maria L. Cartagena appeal the district court’s summary judgment for Park Corporation, in which the court rejected appellants’ tort and warranty claims against Park under a theory of corporate successor liability. We affirm.

I

DeJesus allegedly suffered injuries from a defective machine manufactured in 1957 by Bertsch, Inc. Although it was begun as ... More...    $0 (08-01-2013 - MA)

Petitioners Gregory and Anjeza Lemelson filed this action under the Massachusetts try title statute, Mass. Gen. Laws ch. 240, §§ 1-5, seeking an order invalidating a March 2011 assignment of the mortgage loan on their Southborough, Massachusetts home to defendant U.S. Bank National Association ("U.S. Bank"), and enjoining U.S. Bank from commencing foreclosure proceedings pursuant to that assignm... More...    $0 (07-02-2013 - MA)

This appeal comes before us after a dismissal of a complaint filed pro se by Melissa A. Juárez against two entities she claims illegally foreclosed her home once she defaulted on her mortgage payments. The district court dismissed her complaint for failure to state a claim. Because we find that the complaint states plausible claims for relief and that the district court abused its discretion in ... More...    $0 (02-15-2013 - MA)

As the millennium dawned, American financial markets soared to new heights. One of the vehicles that propelled this dizzying flight involved the bundling and securitization of residential mortgage loans. Footnote But all good things come to an end, cf. Geoffrey Chaucer, Troilus and Criseyde (circa 1374) ("There is an end to everything, to good things as well."), and it was not long before the econ... More...    $0 (02-15-2013 - MA)

Plaintiffs-Appellants, Ralph G. Canning III and Megan L. Canning (the "Cannings"), filed a Chapter 7 bankruptcy petition and sought to surrender their residence. When their mortgage lenders, Defendants-Appellees, Beneficial Maine, Inc., HSBC Mortgage Services, Inc., and HSBC Mortgage Corporation (collectively "Beneficial"), refused to foreclose or otherwise take title to the residence, the Cannin... More...    $0 (02-01-2013 - MA)

In this breach-of-contract case, defendant DHL Express (USA), Inc. (“DHLâ€�) appeals from a judgment on the pleadings for plaintiff C.A. Acquisition Newco LLC (“Newcoâ€�). The district court concluded that DHL had terminated the contract and awarded the $50,000 per month provided for in the contract in the event of a “termination.â€� See C.A. Acquisition Newco LLC v. DHL Express (USA), Inc.... More...    $0 (10-03-2012 - MA)

The defendants, Hudson River International, LLC (tenant) and Laboratorio Lucas Nicolas S.L. (guarantor), appeal from a Superior Court judgment ordering the payment of damages to the plaintiff, 275 Washington Street Corp., as trustee of the Washington Street Realty Trust II (landlord), for breach of a commercial lease (lease). [FN4] The tenant concedes that it likely will owe damages for abandoning... More...    $0 (03-09-2012 - MA)

HSBC Bank USA, N.A. appeals, for the second time, a district court judgment that affirmed a bankruptcy court's authorization of a distribution of assets from the estate of Bank of New England Corporation ("BNEC") to holders of BNEC junior debt. The parties agree that the holders of the senior debt are entitled to priority payment of their principal along with pre-petition interest – that is, int... More...    $0 (06-23-2011 - MA)

Nir Yacovi, the debtor in a Chapter 7 bankruptcy, appeals a decision approving the settlement of legal claims held by his estate. Yacovi also asserts that the bankruptcy court should have granted his motion to abandon those claims. We affirm.

I. Facts & Background

On October 5, 2005, Yacovi resigned from his position with URS Staffing Corporation and/or United Revenue Servic... More...    $0 (03-21-2011 - MA)

In this appeal, appellant Donna Cusson ("Cusson") challenges the district court's decision to grant summary judgment to appellees Liberty Life Assurance Company of Boston ("Liberty") and the FleetBoston Financial Corporation Long-Term Disability Plan ("LTD Plan"). After Liberty terminated Cusson's long-term disability ("LTD") benefits, Cusson sued in the U.S. District Court of Massachusetts, argui... More...    $0 (01-14-2011 - MA)

Appellants John and Richard Puccio appeal from the district court's grant of summary judgment to the plaintiffs, Andrew and Kelly Zimmerman, on behalf of a class of clients of Cambridge Credit Counseling Corporation ("Cambridge"), one of the Puccios' business enterprises, pursuant to the Credit Repair Organizations Act ("CROA"), 15 U.S.C. §§ 1679-1679j. CROA was enacted by Congress in 1996 to p... More...    $0 (07-27-2010 - MA)

In the early morning hours of January 28, 2001, a drunk driver slammed into a State police cruiser that was parked in the breakdown lane of Route 24. As a result, Trooper Gerald Shea and Juan Rivera, a stranded motorist that Trooper Shea had stopped to assist, were severely injured. They brought negligence claims against the driver and various entities and individuals that owned or operated the ba... More...    $0 (06-11-2010 - MA)

Jocelyn Roberts, a flight attendant, was injured while working on a March 6, 2005, flight from Boston to Las Vegas for Song LLC, which was owned and operated by Delta Air Lines, Inc. ("Delta"). She received a lump sum workers' compensation payment from Song and Delta's insurer, which insured both Delta and Song under the same policy. Nonetheless, Roberts sued Delta for negligence. She said that he... More...    $0 (03-24-2010 - MA)