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
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
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
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
