The National Law Forum

The Blog of the The National Law Review

Tag Archives: Criminal Law

Real Estate Promoter Carlton Cabot Arrested – Is He the Worst Fraudster in Modern History?

The name Carlton Cabot was once synonymous with tenant in common (TIC) real estate projects. Cabot claimed to have raised hundreds of millions of dollars and public records show that he promoted approximately 18 large real estate projects nationwide. The entire concept of TIC financed projects began in 2002 after the IRS issued a revenue …

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Criminal Defendant Required to Provide Smartphone Fingerprint, but Not Passcode

A Virginia state judge ruled last week that law enforcement may require a criminal defendant to provide his fingerprint — but not his passcode — to unlock a smartphone that might contain evidence that would be used against him at trial. In Commonwealth v. Baust, the police sought access to the smartphone of David Charles Baust, …

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Employer Used As Means to Commit Crime not a Victim under Restitution Act, Fourth Circuit Court Rules

The Mandatory Victims Restitution Act of 1996 (“MVRA”) provides that a victim of a federal crime may be entitled to an order of restitution for certain losses suffered as a direct result of the commission of the crime for which the defendant was convicted.  A question that courts sometimes face is whether a company can be considered …

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Alleged STOLI Producers Found Guilty of Fraud and Other Criminal Charges

Earlier today, a jury in the United States District Court for the Southern District of New York found independent insurance producers Michael Binday, James Kergil, and Mark Resnick guilty of mail and wire fraud, and conspiracy to commit those offenses.  The jury also convicted Kergil and Resnick of conspiracy to obstruct justice.  Sentencing has been …

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The Foreign Corrupt Practices Act (FCPA) in the News: Big Scoops, Real Fallout

In early August, the New York Times reported that the U.S. Securities and Exchange Commission (SEC) is investigating JPMorgan Chase related to alleged violations of the Foreign Corrupt Practices Act (FCPA) in China.  According to the article, the press had not previously reported on the investigation, and the Times knowledge of it was based on a “confidential United States …

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