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(Alleged) Frauds, Fakes and Ponzis – By Adam Hirsch

A Financial Poise column dedicated to exploring the who, what, where, when, why and how of fraud litigation.

fraud and bad faith claims

PLUP Fiction: Not All Fraud is Sales Fraud

So far in this column, we have talked primarily about fraud committed at arms’ length by salespersons or investment advisors. These sorts of sales fraud are but two of the many flavors in the Cold Stone display of frozen, delicious deception. Today, we are going to look at a case of alleged fraud and bad […]


Importance of Rule 9

It’s All in the Details: The Importance of Rule 9 in Fraud Cases

Federal Rule of Civil Procedure 9(b) works for (and against) everyone If you have not had the good fortune to litigate a fraud claim in federal court, you might not be aware of Federal Rule of Civil Procedure 9(b), which provides: In alleging fraud or mistake, a party must state with particularity the circumstances constituting […]


puffery as a legal defense

Puff, the Magic Defense: Is Puffery a Trump Card? A Look at Puffery as a Legal Defense

Puffery as a Legal Defense- a Family Affair On Oct. 4, 2017, the New Yorker, in collaboration with ProPublica and WNYC, reported that Ivanka and Donald Trump Jr. were subjects of an investigation by the Manhattan District Attorney’s office relating to them allegedly “misleading prospective buyers of units in the Trump SoHo, a hotel and […]


blame the victim

Does the Law Allow Fraud Defendants to Blame the Victim?

The Blame the Victim Defense: Should contributory negligence be a defense to fraud? In almost every negligence case the jury must decide if the plaintiff was partly responsible for the harm she alleges the defendant caused her. State legislatures write and rewrite complicated laws about this idea, known in the courts as “comparative fault”- deciding […]


It's never RICO!

It’s Never RICO! What this Column Presupposes is, Maybe Sometimes it is

If you type the phrase “It’s never RICO” into Google, you’ll get a bunch of hits, including this clever and interesting discussion. The Google image search returns “House, M.D.” memes. I would beg you, dear reader, not to Google “RICO Trump”. It’s a rabbit hole where you will see all sorts of nonsense about alleged forthcoming sealed indictments […]


Theranos

Theranos Revisited

Theranos made headlines for the alleged failure of its signature blood test – and for civil and criminal suits from its stockholders.


Fraud claim, discovery rule legal

Bringing a Fraud Claim: Is Time on Your Side?

The statute of limitations on your fraud claim may depend on when you knew (or learned) about the fraud. When did you know? If you are an (alleged) victim of fraud, you are going to be asked this question. If your lawyer is smart, she’ll ask this question very early on.


The Real Story of an NFL Lawsuit

UPON FURTHER REVIEW: Real Story of an NFL Lawsuit

It was 4:00 AM when the police convoy rolled up on Country Crossing, a new electronic bingo house in Alabama. No fewer than 135 state police cars cascaded into the rural compound. In the aftermath, a group of NFL players—including big names like Ray Lewis and Fred Taylor—lost tens of millions of dollars.


Can You Agree to Be Defrauded?

Can you agree to be defrauded? This may sound like an odd question. But, in this space showed before, the law of business fraud can lead us into some odd places. It is no spoiler to say that the answer is “yes.” You can actually agree to be defrauded. Many courts, including Illinois (where I practice), […]


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