WHITE COLLAR CRIME CASES
U.S. 2nd Circuit, May 05, 2008
US v. Eberhard, No. 05-3431, 05-5248, 06-2913
Conviction, sentence, and restitution ordered against defendant for conspiracy, investment advisor fraud, mail and wire fraud, and obstruction of justice, are affirmed over defendant's claims that: 1) application of newly-enacted 18 U.S.C. section 3771(a) was unconstitutional as applied to him under the Ex Post Facto and Due Process clauses; 2) the record did not support a four-level role enhancement under the sentencing guidelines; and 3) his sentence was substantively unreasonable in light of a probation office's recommended terms.
Read more...
U.S. 9th Circuit, May 06, 2008
In re: Slatkin, No. 06-56334
Summary judgment in favor of bankruptcy trustee, avoiding under 11 U.S.C. section 548(a) and California Civil Code section 3439.04(a) certain transfers made by the debtor during his operation of a Ponzi scheme, is affirmed where: 1) the bankruptcy court did not abuse its discretion in denying appellants-investors' motion for a continuance to conduct further discovery; 2) investors' right to a jury trial was not violated by the grant of summary judgment; 3) the bankruptcy court properly determined that debtor acted with the actual intent to "hinder, delay, or defraud" his creditors; 4) a determination that debtor was not a "stockbroker" under the Bankruptcy Code was proper; and 5) prejudgment interest was properly awarded.
Read more...
