Misrepresentation Law
 
United States of America v. JOSEPH PERCOCO, STEVEN AIELLO, JOSEPH GERARDI, LOUIS CIMINELLI, ALAIN KALOYEROS, AKA DR. K and PETER GALBRAITH KELLY, JR., MICHAEL LAIPPLE, KEVIN SCHULER

New York, New York - Criminal defense lawyer represented defendants with conspiracy to engage in wire fraud by engaging in a scheme to rig the bidding processes for New York State-funded projects charges.



I. The Facts3
A. The Buffalo Billion Initiative
In 2012, then-Governor Andrew Cuomo launched an initiative to... More...
   $0 (09-17-2021 - NY)

SHERRY EVANS-CARMICHAEL, et al. v. THE UNITED STATES OF AMERICA; THE FEDERAL EMERGENCY MANAGEMENT AGENCY

Denver, CO - Criminal defense lawyer represented Plaintiffs-Appellants with seeking an award of damages under the Cerro Grande Fire Assistance Act (“CGFAA”) claim.



Sherry Evans-Carmichael, her husband Jeff Carmichael, and their daughter
Tia Carmichael, were evacuated from their home in Los Alamos, New Mexico, in<... More...
   $0 (09-08-2021 - CO)

United States of America v. Gregory Bogomol

New Orleans, LA- Criminal defense lawyer represented defendant with o two counts of producing child pornography charges.



IIn 2013, the Department of Homeland Security received information
that a minor male had been induced to send nude photographs of himself to
a person presenting as a minor female named “Cry... More...
   $0 (09-01-2021 - LA)

Bryan Kerr Dickson v. United States of America

New Orleans, LA- Criminal defense lawyer represented defendant with a possession and production of child pornography charge.



In his complaint, Dickson alleges that the BOP transferred him to USP
Beaumont and housed him in the general population despite his expressed
fears that he would be targeted for violence ... More...
   $0 (08-30-2021 - LA)

JANE DOE, LUKE LOE, RICHARD ROE, MARY MOE, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED v. THE TRUMP CORPORATION, DONALD J. TRUMP, DONALD J. TRUMP, JR., ERIC TRUMP, IVANKA TRUMP and ACN OPPORTUNITY, LLC

New York, NY - Criminal racketeering lawyer represented defendant with racketeering and conspiracy to conduct the affairs of a racketeering enterprise charges.



This case arises out of the defendants-appellants' allegedly fraudulent,
misleading, and deceptive statements. The plaintiffs-appellees assert that,
thr... More...
   $0 (08-24-2021 - NY)

United States of America v. ALLA V. STEPANETS United States of America v. GENE SVIRSKIY United States of America v. CHRISTOPHER M. LEARY

Boston, MA - Criminal defense lawyer represented defendants with racketeering conspiracy, conspiracy to defraud the United States, and seven counts in connection with the introduction of "misbranded" drugs into interstate commerce with the intent to defraud and mislead in violation of the Federal Food, Drug, and Cosmetic Act ("FDCA") charges.

... More...
   $0 (08-18-2021 - MA)

SECURITIES AND EXCHANGE COMMISSION v. DAVID JOHNSTON, AVEO PHARMACEUTICALS, INC.; TUAN HA-NGOC; WILLIAM SLICHENMYER

Boston, MA - Civil Enforcement lawyer represented defendant with a knowingly misleading investors charge.



We begin with a summary of the evidence. Because
Johnston challenges the sufficiency of the evidence to support the
jury's verdict, we view the evidence in the light most favorable
to the verdict and d... More...
   $0 (08-16-2021 - MA)

Eugene Scafidi v. Midland Credit Management, Inc.

Central Islip, New York consumer credit lawyer represented Plaintiff, who sued defendant on a Fair Debt Collection Act violation theory.

15 U.S.C. 1692 provides:

(a) Abusive practices
There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal ... More...
   $0 (08-04-2021 - NY)

Daliz Radcliffe v. Capio Partners, LLC and CF Medical, LLC

Central Islip, New York consumer credit lawyer represented Plaintiff, who sued Defendant on a Fair Debt Collection Act, 15 U.S.C. 1692, violation theory.

15 U.S.C. §1692. Congressional findings and declaration of purpose
(a) Abusive practices

There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive deb... More...
   $0 (08-04-2021 - NY)

STATE OF MONTANA v. WESLEY SMITH

Helena, Montana - Criminal defense attorney represented Wesley John Smith with one count of Sexual Abuse of Children charge.



¶2 We restate the issues on appeal as follows:
1. Did the District Court misinterpret M. R. Evid. 801(d)(1) and abuse its discretion
by admitting the victim’s taped forensic interview as a pr... More...
   $0 (06-25-2021 - MT)

United States of America v. Dr. Gautam Arora

Buffalo, New York drug charge criminal defense lawyer represented Defendant, Dr. Gautam Arora, age 43, who was charted with unlawfully acquiring controlled prescriptions by misrepresentation and fraud, and scheming to defraud a health care benefit program.

The defendant, while working as the pain management doctor at the Hens Pain Center in Amherst, NY, prescribed opioids to multiple pa... More...
   $0 (06-22-2021 - NY)

STATE OF OHIO v. TYRELL T. DUMAS

Akron, Ohio - Criminal defense attorney represented Tyrell Dumas with a aggravated robbery charge.



} On the evening of May 8, 2019, N.J. drove his friend J.H. from his home in Spencer,
Ohio to a nearby town to purchase marijuana, which J.H. planned to resell to a contact made by
another acquaintance, D.S. When N.J. and... More...
   $0 (06-18-2021 - OH)

STATE OF OHIO -vs- ALAN SCHUBERT

Canton, Ohio - Criminal defense attorney represented Alan Schubert with aggravated vehicular homicide and six counts of pandering obscenity involving a minor charges.



{¶2} On June 20, 2018, Appellant was operating a Jeep Grand Cherokee in the
southbound lane of State Route 37 in Licking County at about 65-69 miles per hou... More...
   $0 (06-10-2021 - OH)

United States of America v. Larry Nelson

San Diego, CA: The Department of Justice sued Larry Nelson claiming that he violated the Fair Housing Act lawsuit alleging that he sexually harassed female tenants while owning and managing San Diego area rental properties.

Under the consent order entered by the U.S. District Court for the Southern District of California, Nelson must pay at least $230,000 to $205,000 in damages to tenan... More...
   $0 (06-04-2021 - CA)

Lori Michelle Bernard-Wilprit v. InterGerman Chimney Limited Partnership, d/b/a Chimney Hill Apartments

Dallas, Texas consumer law lawyer represented Plaintiff, who sued Defendants on Fair Credit Reporting Act violation theories under 15 U.S.C. 1681, which provides:

Congressional findings and statement of purpose
(a) Accuracy and fairness of credit reporting

The Congress makes the following findings:

(1) The banking system is dependent upon fair and accurate credit rep... More...
   $0 (05-25-2021 - TX)

BENJAMIN CALEB TROTT v. STATE OF MARYLAND

ANNAPOLIS, MD - Criminal defense attorney represented Benjamin Caleb Trott with a drunk driving charge.



After entering a plea of not guilty, Mr. Trott filed a motion to suppress, arguing that
Corporal Michael Cooper lacked a reasonable, articulable suspicion to justify the stop
because it was based solely on a dispat... More...
   $0 (05-20-2021 - MD)

SOPHIA WHITE and ANTONIO WHITE vs. ABUBAKAR ATIQ DURRANI, M.D. and CENTER FOR ADVANCED SPINE TECHNOLOGIES, INC.

Cincinnati, Ohio - Medical Malpractice attorney represented SOPHIA WHITE and ANTONIO WHITE with a Medical Malpractice claim



{¶2} After injuring her back at work, Sophia White sought treatment with
Dr. Shanti in January 2012. Dr. Shanti was employed by CAST, a corporation owned
by Dr. Durrani. Initially, Dr. Shanti reco... More...
   $0 (05-03-2021 - OH)

State of Tennesse v. Jonathan Michael Bass

Nashville, TN - Criminal defense attorney represented Jonathan Michael Bass with asserting that the trial court erred by ordering partial consecutive sentences.



This case arises from the Defendant’s participation in thefts at Macy’s and Walmart,
fraudulently obtaining prescriptions for controlled substances from numerou... More...
   $0 (04-29-2021 - TN)

Merlin Hardison v. State of Mississippi

Jackson, MS - Criminal defense attorney represented Merlin Hardison with one count of armed
robbery and two counts of aggravated assault charges



On remand, as part of a plea agreement, Hardison entered a guilty plea to one count
of armed robbery and one count of aggravated assault on July 1, 2014; the remaining charge
... More...
   $0 (04-28-2021 - MS)

STATE OF KANSAS v. JASMON DEVAR WATSON

Topeka, KS - Criminal defense attorney represented Jasmon Devar Watson with one count of making a false claim to the Medicaid program and one count of felony theft charges



Between February 2013 and August 2014, Watson worked two different jobs in
Kansas City, Kansas. First, he worked as a transitional living skills (TLS) ass... More...
   $0 (04-23-2021 - KS)

Bradd Creveling, et al. v. Lakepark Industries, Inc., et al.

Toledo, OH - Workers’ compensation retaliation attorney represented Bradd Creveling and Tracey Creveling with a claim for workers’ compensation retaliation.



{¶ 3} On September 12, 2018, appellants filed their complaint against appellees,
which included claims for workers’ compensation retaliation under R.C. 4123.9... More...
   $0 (04-04-2021 - OH)

TOMMY MORPHIS vs. BASS PRO GROUP, LLC, TRACKER MARINE, LLC and KEN BURROUGHS

Springfield, Mo - Employment contract attorney represented Tommy Morphis with suing Bass Pro Group, Tracker Marine, and Ken Burroughs alleging they failed in a promise to create an incentive plan to increase Morphis’s compensation by $400,000 per year for three years.




Morphis first filed suit in 2010, eventually amendi... More...
   $0 (03-14-2021 - MO)

Roberto Griego Jimenez v. The State of Texas

Houston, TX - Criminal defense attorney represented Roberto Griego Jimenez with a Poss With Intent to Deliver a Controlled Substance charge.



DISSENTING OPINION FROM DENIAL OF
ENBANC RECONSIDERATION




I respectfully dissent from this court’s denial of reconsideration e... More...
   $0 (03-09-2021 - TX)

Richard Darnell Amos v. The State of Texas

Eastland, TX - Criminal defense attorney represented Richard Darnell Amos with a Delivery of a Controlled Substance charge.



On March 31, 2017, Agent John H. Murphy of the Texas Department of Public
Safety Criminal Investigations Division began an investigation into the distribution
of methamphetamine by Appellant. Ag... More...
   $0 (02-27-2021 - TX)

United States of America v. Morris Brown, M.D.

Columbus, Ohio drug distribution charge criminal defense lawyer represented Defendant, Morris Brown, M.D., age 73, who was charged with illegally distributing opioids.

Brown was charged in an April 2019 indictment along with four co-defendants: Ismail Abuhanieh, 50, of Phoenix, Arizona; Mahmoud Elmiari, 44, of Bellbrook, Ohio; Yohannes Tinsae, 48, of Beavercreek, Ohio; and Mahmoud Rifai,... More...
   $0 (02-09-2021 - OH)

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