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Appeals court strikes health insurance requirement
Court News | 2011/08/14 09:26
A federal appeals court panel on Friday struck down the requirement in President Barack Obama's health care overhaul package that virtually all Americans must carry health insurance or face penalties.

The divided three-judge panel of the 11th Circuit Court of Appeals struck down the so-called individual mandate, siding with 26 states that had sued to block the law. But the panel didn't go as far as a lower court that had invalidated the entire overhaul as unconstitutional.

The states and other critics argued the law violates people's rights, while the Justice Department countered that the legislative branch was exercising a "quintessential" power.

The decision, penned by Chief Judge Joel Dubina and Circuit Judge Frank Hull, found that "the individual mandate contained in the Act exceeds Congress's enumerated commerce power."

"What Congress cannot do under the Commerce Clause is mandate that individuals enter into contracts with private insurance companies for the purchase of an expensive product from the time they are born until the time they die," the opinion said.





Nigerian who allegedly scammed 80 law firms, lawyers out of $31M extradited to US
Court News | 2011/08/13 09:26
A Nigerian man who fled to his homeland after being accused of defrauding dozens of lawyers and law firms of more than $31 million dollars has been extradited to the U.S., Nigeria’s anti-graft agency said Friday.

Emmanuel Ekhator was arrested in Nigeria’s Benin City by the country’s Economic and Financial Crimes Commission in August. He was handed over to U.S. marshals in New York on Thursday, said Femi Babafemi, the anti-graft body’s spokesman.

“With the latest extradition, ... the message should be clear to anyone who travels abroad to commit crime and run back home to hide that Nigeria is no longer safe for them,” Farida Waziri, the anti-graft body’s chief, said in a statement. “We will get them and hand them over to face the law.”

Court records show Ekhator has yet to be assigned a lawyer. He remained in custody on Friday.

Charging documents from the U.S. District Court in the Middle District of Pennsylvania show that Ekhator and others are accused of mail and wire fraud after using bank accounts in South Korea, Singapore, China and Japan to collect the stolen money.

Federal prosecutors say the complicated scam involved multiple players, with a fraudster calling a U.S. or Canadian law firm posing as someone usually in Asia who needed to collect a debt from a person or organization based in North America. Another scammer poses as the debtor and agrees to pay off the debt — using a fake check, authorities say.

The law firms or lawyers collect the fake check, which gets validated by a third scammer posing as a bank employee over the telephone. Before the victims realize the check is fake, they’ve already used their own money to pay the fake settlement amount to their supposedly Asia-based client.



Wash. man pleads guilty to defrauding ID investors
Court News | 2011/08/10 08:58
A Washington man has pleaded guilty in federal court in Idaho to cheating investors out of more than $2 million and using the cash for his own benefit.

Federal prosecutors say 59-year-old Dale Edward Lowell, of Colbert, Wash., pleaded guilty to one count of wire fraud Tuesday.

Investigators say Lowell, while living in northern Idaho in 2005, started raised money from investors by telling him he was a savvy options trader. He also told investors he had taken steps to cover losses.

Altogether, prosecutors say Lowell duped 22 investor groups and raised about $2.2 million that he ultimately lost in the market, used for personal expenses or to pay off investors to keep the scheme going.


Lawyer pleads guilty to illegal Edwards donations
Court News | 2011/08/05 09:12
A prominent Los Angeles attorney could face six months in federal prison for making illegal contributions to the 2004 presidential campaign of former Sen. John Edwards.

The U.S. attorney's office says Pierce O'Donnell pleaded guilty Thursday to two counts of making illegal campaign contributions and agreed to a six-month sentence and a $20,000 fine. O'Donnell is set to be sentenced in November.

In a statement, O'Donnell's attorney Brian J. O'Neill says he and O'Donnell are pleased with the resolution.

O'Donnell acknowledged he provided some $20,000 to Edwards' campaign for the 2004 Democratic presidential nomination by reimbursing straw donors.

In 2006, O'Donnell was ordered to pay more than $155,000 after pleading no contest to using a false name while making political contributions to former Los Angeles Mayor James Hahn's campaign.



NYC lawyer pleads guilty to tax charge
Court News | 2011/08/05 09:12
A lawyer has pleaded guilty to not paying taxes on nearly $11 million in income while working at a major Wall Street law firm.

John O'Brien entered the plea Thursday in federal court in Manhattan.

The government had accused the 48-year-old O'Brien of failing to pay $2.5 million taxes on $10.8 million in income from 2001 to 2008. They say during that time, he splurged on a weekend home, international travel and a rare book business.

Prosecutors say O'Brien has agreed to pay $2.8 million in back taxes and interest. At his Nov. 16 sentencing, he faces a maximum of four years in prison, though the term will probably be shorter under sentencing guidelines.



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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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