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Judge mulling $410M BofA overdraft settlement
Court Watch | 2011/11/07 12:24
An attorney for Bank of America says 13.2 million customers may be eligible for a settlement in a lawsuit claiming the bank charged excessive overdraft fees.

The final tabulation came Monday as a Miami judge considers whether to finalize a $410 million settlement during a hearing to consider any objections or other issues related to the deal reached in May.

The class-action lawsuit contends the Charlotte, N.C.-based bank processed its debit card and check payments in a way that triggered more overdrafts and therefore more fees. Even though it agreed to the settlement, the bank insists the overdraft system was proper.

The lawsuit covers people with Bank of America debit cards between January 2001 and May 2011.

New bank regulations prohibit this type of debit card fee unless customers approve.


MF Global faces class-action suits after bankruptcy
Court Watch | 2011/11/06 12:25
Two class-action lawsuits have been filed against bankrupt brokerage MF Global as customers struggle to recover funds from the first major US casualty of the European debt crisis.

On Saturday, Seattle-based Hagens Berman said it was "investigating whether the company used clients' money to offset losses the company had incurred in failed investments."
It filed a lawsuit in the name of investors who bought MF Global shares between May 20 and October 28 or who bought bonds issued in August.

The complaint charged that MF Global "made false and misleading statements to investors, including failing to disclose the company's reported internal control problems in segregating clients' funds."

Attorney Reed Kathrein said Friday's resignation of the company's chief executive Jon Corzine, whose activities in the last weeks of the failing firm have attracted regulator scrutiny, was "not an encouraging sign."

"As we continue our investigation, we hope to uncover whether the company mixed investors' and company money, and if Corzine himself played a part in that decision," he added in a statement.

Boston law firm Block & Leviton said Friday it had also filed a class-action lawsuit in New York federal court on behalf of MF Global clients over the same period.
It charged MF Global made "certain materially false and misleading statements regarding the Company's internal financial controls and liquidity levels" through its "most senior" officers and directors.

Investors lost some $585 million in market capitalization in the week that preceded MF Global's bankruptcy filings alone, according to Block & Leviton.


Corzine steps down at collapsed firm, hires lawyer
Court News | 2011/11/05 12:25
He set out to create a mini-Goldman Sachs. In the end, he built a mini-Lehman Brothers.

Former New Jersey Gov. Jon Corzine's resignation Friday from the securities firm he led capped a week of high drama and swift failure.

MF Global collapsed into bankruptcy Monday, and Corzine has since hired a criminal defense attorney amid an FBI investigation into the disappearance of hundreds of millions of dollars in client money.

In another twist, a top regulator has ended his role in the investigation of MF Global because of his longstanding ties to Corzine. Commodity Futures Trading Commission chairman Gary Gensler, whose agency is leading the effort to locate the missing client money, had worked for Corzine at Goldman Sachs.

MF Global's implosion, which came after Corzine made a big, risky bet on European debt, revived memories of the 2008 banking crisis and the ruin of the much bigger Lehman.


Court: Fla. must weigh arbitration in Madoff case
Court Watch | 2011/11/05 12:25
The Supreme Court says the Florida courts should reconsider whether arbitration is required for claims against an auditing firm that worked on a fund that invested with Bernie Madoff.

The high court on Monday reversed a decision by a Florida appeals court. KPMG was sued by investors in the Rye Funds, which lost millions of dollars to Madoff's Ponzi scheme. KPMG was the auditor for the Rye Funds, and the investors said the company did not use proper auditing standards.

KPMG says its contract requires arbitration but the state courts would not allow it.

The Supreme Court ruled that the Florida courts only looked at part of the claims being brought against KPMG. The high court ordered the lower courts to investigate all of the claims before making a decision.


Court upholds convictions of 5 in Fla. terror plot
Court Watch | 2011/11/03 08:47
A federal appeals court on Tuesday upheld the convictions of five men accused of plotting to join forces with al-Qaida to destroy a landmark Chicago skyscraper and bomb FBI offices in several cities.

A three-judge panel of the Atlanta-based 11th U.S. Circuit Court of Appeals rejected numerous claims by ringleader Narseal Batiste and his followers, including questions about the sufficiency of the evidence, the FBI's use of an informant posing as an al-Qaida operative and the dismissal of a juror by a federal judge during deliberations.

Batiste, 37, and the other four were convicted in May 2009 of conspiring to provide material support to al-Qaida and wage war against the U.S. stemming from a plot to blow up the 110-story Sears Tower — now known as the Willis Tower — and bomb FBI offices in five cities, including Miami. The eventual goal, testimony showed, was to overthrow the U.S. government.

It took federal prosecutors three trials to obtain convictions; the first two ended in mistrials and two of the original "Liberty City Seven" were acquitted. One of those found not guilty, Lyglenson Lemorin, was nonetheless deported to his native Haiti.

The case was built on recordings of FBI conversations and the group never came close to staging an attack, although the FBI informant posing as a terrorist led them in a videotaped oath of allegiance to Osama bin Laden. They also videotaped the Miami FBI office and downtown courthouse buildings as potential targets.


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Securities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws. Securities Arbitration. Generally speaking, securities fraud consists of deceptive practices in the stock and commodity markets, and occurs when investors are enticed to part with their money based on untrue statements.
 
 
 

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