Monthly Archives: April 2017

Fifth Circuit Takes a Goldilocks Approach to False Claims Act Standard for Imputing Knowledge to Corporation

The Department of Justice is always busy prosecuting fraud related to government contracts. The two obvious reasons why this is a DOJ priority are (1) a lot of public money is spent through government contracts, and (2) the size and … Continue reading

Posted in Appeal, civil case, False Claims Act, Government contracting fraud, Kickbacks | Leave a comment

“Restitution for a Reckless Bank? A Dubious Remedy Indeed” – Judge Posner’s Bank of America Smackdown

Judge Richard Posner of the Seventh Circuit—love him or hate him—just wrote a(nother) scathing opinion. He remanded a criminal restitution order, concluding that Bank of America was not entitled to any restitution for fraudulent mortgage loans because of the bank’s … Continue reading

Posted in Appeal, Restitution, Sentencing | Leave a comment

Bingo! A Defense Win Limits Broad Use of Mail Fraud Statute

The only thing I like better than seeing a defense lawyer win is seeing a friend who is a defense lawyer win. A friend of mine, Jay Nanavati, led a case to victory in the Northern District of West Virginia, … Continue reading

Posted in Dismissal of charges in indictment, Mail Fraud, Money Laundering | 2 Comments