http://brokeandbroker.com/PDF/KellyUSSupOp200507.pdf
As set forth in the Supreme Court Opinion's "Syllabus":
For four days in September 2013, traffic ground to a halt
in Fort Lee, New Jersey. The cause was an unannounced
realignment of 12 toll lanes leading to the George Washington Bridge, an entryway into Manhattan administered by
the Port Authority of New York and New Jersey. For decades, three of those access lanes had been reserved during
morning rush hour for commuters coming from the streets
of Fort Lee. But on these four days-with predictable
consequences-only a single lane was set aside. The public
officials who ordered that change claimed they were reducing the number of dedicated lanes to conduct a traffic study.
In fact, they did so for a political reason-to punish the
mayor of Fort Lee for refusing to support the New Jersey
Governor's reelection bid.
Exposure of their behavior led to the criminal convictions
we review here. The Government charged the responsible
officials under the federal statutes prohibiting wire fraud
and fraud on a federally funded program or entity. See 18
U. S. C. §§1343, 666(a)(1)(A). Both those laws target fraudulent schemes for obtaining property. See §1343 (barring fraudulent schemes "for obtaining money or property");
§666(a)(1)(A) (making it a crime to "obtain[] by fraud . . .
property"). The jury convicted the defendants, and the
lower courts upheld the verdicts.
The question presented is whether the defendants committed property fraud. The evidence the jury heard no
doubt shows wrongdoing-deception, corruption, abuse of
power. But the federal fraud statutes at issue do not criminalize all such conduct. Under settled precedent, the officials could violate those laws only if an object of their dishonesty was to obtain the Port Authority's money or
property. The Government contends it was, because the officials sought both to "commandeer" the Bridge's access
lanes and to divert the wage labor of the Port Authority employees used in that effort. Tr. of Oral Arg. 58. We disagree. The realignment of the toll lanes was an exercise of
regulatory power-something this Court has already held
fails to meet the statutes' property requirement. And the
employees' labor was just the incidental cost of that regulation, rather than itself an object of the officials' scheme. We
therefore reverse the convictions.
http://www.brokeandbroker.com/5207/TD-Debit-Card-Liu/
A federal civil Complaint alleges that TD Ameritrade failed to adequately investigate unauthorized transactions in a customer's account, and that the firm had deceptively asserted it had adequately investigated the fraud. It's all quite bizarre because the transactions at issue seem unauthorized but TDA concluded that "an error did not occur."
https://www.justice.gov/usao-wdva/pr/saltville-man-who-lied-about-his-own-death-pleads-guilty-series-federal-charges
Russell Geyer, 50, did a remarkable thing for a dead man -- he pled guilty in the United States District Court for the Western District of Virginia to one count of contempt of court, one count of bankruptcy fraud, one count of wire fraud, and one count of aggravated identity fraud. Frankly, most dead folks can't make the trip to the courthouse, and, if they can, well, it's quite the challenge to stand upright and make your plea. Then again, these are remarkable times and, you know, for a dead guy Russell Geyer is truly amazing. As alleged in part in the DOJ Release:
According to court documents, Geyer devised a scheme to defraud the United States Bankruptcy Court through a series of deceptive statements designed to hide assets and maintain control of collateral. These actions included, but were not limited to, repeatedly lying about fake medical conditions, including prostate cancer, bone cancer, cardiac issues, a brain aneurysm, and pneumonia.
On August 30, 2019, the attorney working for Geyer informed the court that he had received an email purportedly from Russell Geyer's wife, stating that Russell was dead. In fact, Russell Geyer had sent the email posing as his wife.
At a September 5, 2019 hearing, Mrs. Geyer testified that her husband was alive and that neither she, nor Russell Geyer, had been out of town and in the hospital for the serious medical conditions claimed by the defendant throughout the case.
During the September 5, 2019 hearing, Russell Geyer's attorney read into the record an email he received from an attorney in Florida indicating that the Florida attorney had sold some of the assets involved in the bankruptcy proceedings without the Geyers' knowledge. The email further stated that he had complete control of Russell and told him to kill himself. The attorney concluded the email with "I am on a plane out of the country."
The investigation determined that the Florida attorney whose name was used in the email actually exists but had nothing to do with this case. Instead, Russell Geyer used the Florida attorney's name and a bogus email account to send these emails without the Florida attorney's knowledge.
Further investigation revealed that Geyer had assumed the Florida attorney's identity to fraudulently obtain $70,000 from his own wife. Geyer told his wife that he was going to receive more than $1 million in a settlement from a case that the Florida attorney was handling for him. Geyer said he needed money to pay the attorney's fees before the money would be released. Geyer then used a bogus email address and an app that disguised his voice to pose as the Florida attorney and to confirm that a settlement was imminent. It was all untrue.
https://www.cftc.gov/PressRoom/PressReleases/8162-20
In a Complaint filed in the United States District Court for the Southern District of Florida
https://www.cftc.gov/media/3846/enfdanielfingerhutcomplaint050520/download, the CFTC charged Daniel Fingerhut, Tal Valariola, Itay Barak, Digital Platinum, Inc. ("DPI"P and Huf Mediya Ltd. ("Huf") with fraudulently soliciting tens of millions of customers and prospective customers to open and fund off-exchange binary options and digital asset trading accounts; and further charged Fingerhut with making materially false or misleading statements to CFTC staff, including while under oath, in an apparent effort to conceal the extent of his role in the fraud and to avoid producing documents. As alleged in part in the CFTC Release:
[B]eginning in at least October 2013 and continuing through August 2018, the defendants allegedly created fraudulent marketing materials which promised astronomical profits with no risk of loss and disseminated them via email spam and by making videos available online. Over 59,000 customers opened and funded trading accounts as a result of these fraudulent marketing campaigns, which generated payments of over $20 million in commissions to the defendants.
According to the complaint, the marketing materials touted fake trading performance using advertised binary options and digital asset trading software and systems. The marketing videos typically featured actors-often posing in front of props such as mansions and private jets-who falsely claimed they had become rich trading.
https://www.cftc.gov/PressRoom/PressReleases/8161-20
Respondents Mehran Korrami and Cayley Investment Management, LLC ("CIM") settled charges in a CFTC Order https://www.cftc.gov/media/3841/enfinvestmentmanagementorder050720/download, and they agreed to pay a $150,000 civil monetary policy. As set forth in part in the CFTC Release:
[K]horrami, on behalf of CIM, engaged in multiple wash sales and non-competitive transactions for accounts held by a client of CIM. These transactions involved foreign currency, crude oil, and gold futures contracts. Specifically, on February 8, 2018, Khorrami placed simultaneous buy and sell orders in six different CME futures contracts. Initially, the orders were at different bid and offer prices, but after being unable to fill the orders, Khorrami repeatedly modified the orders until the bid and offer prices matched. This resulted in a series of pre-arranged cross trades in contracts for crude oil, British Pound, Euro FX, Swiss Franc, and Japanese Yen. In total, respondents made six non-competitive prearranged trades.
In addition to imposing the $150,000 civil monetary penalty, the order requires Khorrami and CIM to cease and desist from further violations of the Commodity Exchange Act and CFTC regulations, as charged.
The CFTC's investigation was conducted in conjunction with a parallel inquiry by CME. Today, CME issued a Notice of Disciplinary Action in which Khorrami agreed to pay a fine of $30,000 and serve a 10-day suspension arising out of the wash sales and non-competitive transactions that are the subject of the order.
https://ag.ny.gov/press-release/2020/attorney-general-james-secures-new-protections-security-safeguards-all-zoom-users
The NYAG entered into an
Agreement with Zoom Video Communicationshttps://ag.ny.gov/sites/default/files/nyag_zoom_letter_agreement_final_counter-signed.pdf whereby the company will provide enhanced security protections for meeting participants on its platform. As noted in part in the NYAG Release:
As consumers, businesses, and students were increasingly using Zoom's platform to communicate and share information, a number of newly reported issues emerged. Numerous users reported that their Zoom conferences had been interrupted by uninvited participants seeking to disrupt the conference - dubbed "Zoombombing." Additionally, a number of privacy and data security issues were also reported, including Zoom's lack of end-to-end encryption - as it had previously publicly represented - and the leakage of users' personal information to other users without consent. Finally, Zoom was sharing users' personal information with Facebook, including for those users who were not using the Facebook login feature and even those without Facebook accounts.
Attorney General James immediately opened an investigation into Zoom's administrative, technical, and physical safeguards to protect consumers' personal data and to handle the increased traffic on the platform, as well as to investigate whether Zoom was complying with numerous New York State and federal laws. In the subsequent five weeks, the Office of the Attorney General and Zoom have worked cooperatively and quickly to implement more stringent and robust protections for consumers, schools, and businesses.