Tag Archives: Fraud

Groundbreaking Sixth Circuit Decision Affirms Shutdown Of Fraudulent Tax Prep Franchise, But Not Its Loan Provider

In United States v. ITS Financial, LLC, the Sixth Circuit affirmed the district court’s injunction against a fraudulent tax preparation franchise, but not the franchise’s loan provider (a separate company belonging to the same owner). Defendants’ “business model” consisted in large part of “luring low-income customers by advertising tax refund anticipation loans that were rarely … Continue Reading

Sixth Circuit: District Court Failed To Justify One Day Sentence For White Collar Criminal Facing 57-71 Months

Last week, in United States v. Musgrave, the Sixth Circuit held that a one-day sentence was unreasonable for a CPA convicted of fraud and conspiracy facing a 57-71 month Guidelines range.  The panel explained why the district court was wrong to consider the defendant’s financial losses, the loss of his CPA license, and any harm … Continue Reading

Sixth Circuit Hears Appeal by Attorneys Convicted of Defrauding Clients in Fen-Phen Settlement

On Tuesday, January 17, 2012, the Sixth Circuit heard oral argument of an appeal by two Kentucky attorneys who were convicted of defrauding their clients of millions of dollars in settlement funds.  In their briefing, appellants alleged a host evidentiary improprieties and deficiencies as well as constitutional violations. Attorneys William Gallion and Shirley Cunningham represented over 400 … Continue Reading

Sixth Circuit Affirms Summary Judgment For Nationwide On Agent’s Fraudulent Loan Claim

In Nemier v. Nationwide Mutual Insurance Company,  the Sixth Circuit ruled that  Karen Nemier, a former Nationwide Insurance Company agent,  had not raised a genuine issue of material fact to prevent summary judgment on her fraud and breach-of contract claims, holding the general statements by Nationwide about potential returns were not promises to her, were not knowingly false when made, or were … Continue Reading