New York

Published on: October 7, 2012

Plaintiff Alleges Bank Fraud Scheme

by Stephen Bilkis

The savings bank filed a motion for summary judgment in its action against the mortgage corporation and the guarantors for breaches of loan agreement and guaranty agreement, respectively, by the latter and for their charges against another defendant for the commission of bank fraud.

The plaintiff entered into a contract of loan at New Jersey with the mortgage banker wherein the savings bank extended a line of credit to the defendant for the purpose of closing the latter’s existing mortgage loans. In connection with the loan agreement, the officers, who are the owners of the mortgage corporation, executed individual guaranty contract which established their solidary liability of the mortgage banker’s obligation upon its failure to settle the obligations on time. A New York Criminal Lawyer said another guaranty was executed by the owner’s wife in relation with the loan agreement.

The stipulations of the loan agreement pertain to the grant of mortgage loans of the defendants’ borrowers where the line of credit shall be used to finance the mortgage contracts. Upon settlement of the mortgage loans by the borrowers, the proceeds of the loan would then be remitted to the savings bank and mortgage notes would be used as security in favor of the savings bank as part of their agreement. A Staten Island Criminal Lawyer said such mortgages would then be sold to potential investors and the plaintiff, as bailee, shall give the investors the mortgage notes where they shall pay the purchase price directly to the savings bank’s mortgage warehouse lenders who in turn would give the proceeds back to the savings bank as payment to the advances made by the defendants in their line of credit with the plaintiff. The defendants were responsible to the keeping of all the records pertaining to the loan agreement.

Published on: October 7, 2012

Court Listens to Bank Fraud Case

by Stephen Bilkis

A motion was filed by the defendant for summary judgment of the case in its favor. The plaintiff is a Swiss bank that filed a case against the New York Company who committed bank fraud, particularly, fabricated and sold the promissory notes of the bank amounting to $5 million. A New York Criminal Lawyer said the Swiss bank further alleged that the notes sold by the company defendant was part of a global fraud scheme to raise funds in favor of an Italian food conglomerate as payments of loan by the former to the latter.

The bank fraud was conducted through issuance of the notes by one of the company’s subsidiary in Uruguay, which was then sold to a defendant’s affiliate where the Swiss bank purchased the promissory note. The note is with attachments of a guarantee of payment executed by the subsidiary company and a side letter from the affiliated company. The letter contained a certification that the proceeds of the notes will be used to finance the expansion of the Italian food conglomerate and for the upgrade of its industrial plants at various South American countries.

However, during the time of the purchase of the notes, the food conglomerate financial conditions were worsening and the governments of Brazil and Italy conducted criminal investigations of the Italian food conglomerate financial structure due to the financial distress status of the company and such became a public knowledge. The notes purchased by the plaintiff matured in 2004 but have not been repaid. One of the issued notes was then sold to the bank’s affiliate. The Swiss bank also filed a claim on the notes in the bankruptcy proceedings commenced by Italy against the Italian food conglomerate.

Published on: July 27, 2012

Attorney Accused of Mail Fraud

by Stephen Bilkis

This case deals with the respondent Lewis Novod who is an attorney and counselor at law. The petitioner in the matter is the Departmental Disciplinary Committee for the First Judicial Department. The case is being heard in the Supreme Court of the State of New York, Appellate Division, and First Department.

Case Background

The respondent, Lewis Novod was admitted to practice law in the state of New York by the First Department, Appellate Division of the Supreme Court of the state of New York on the 14th of October, 1972. The respondent has maintained his practice of law in the First Judicial Department.

Published on: July 25, 2012

Defendant Charged with Bank Fraud

by Stephen Bilkis

This case deals with a matter concerning the attorney and counselor at law, Cheddi B. Goberdhan. The petitioner in the matter is the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts. Cheddi B. Goberdhan is the respondent. The case is being heard in the Supreme Court of the State of New York, Appellate Division; Second Judicial Department. A. Gail Prudenti, P.J. , William F. Mastro, Peter B. Skelos, Reinaldo E. Rivera, and Leonard B. Austin, JJ are the judges hearing the case.

Case Background

A New York Criminal Lawyer said the Grievance Committee from the Second, Eleventh, and Thirteenth Judicial Districts has motioned for the name of the respondent to be taken off the roll of attorneys and counselors at law. The reason for this motion is that the respondent was convicted of a felony, which is in violation of Judiciary Law Section 904.

Published on: July 12, 2012

Defendant Contends Statute of Limitations Violation

by Stephen Bilkis

Wire Fraud 2

The plaintiffs in this matter are Avivith and William Oppenheim. The defendants in the case are Mark Stumer, Joseph Viscuso, Mojo-Stumer Associates Architects, P.C. and d/b/a Mojo-Stumer Associates. The case is being heard in the Supreme Court of the state of New York located in New York County. Judge Charles Edward Ramos is hearing the case.

Case Background

Published on: February 1, 2012

In New York, a discussion of limits on medical malpractice awards

by Stephen Bilkis

Currently in the state of New York, there is an interesting dynamic happening in the medical field regarding awards given to victims of medical malpractice.

Many representatives of hospitals are arguing in favor of “caps” for financial compensation awarded to victims of alleged medical malpractice, in response to malpractice lawsuits. A New York Criminal Lawyer notes that one of the main reasons for their argument is the correlation between high malpractice awards and high costs of medical care to the average patient. The hospitals and doctors that are fighting for these malpractice award caps are also directly correlated to the increased need for “defensive medicine”, which includes certain medical procedures and tests which might normally be deemed unnecessary, were it not for the extra care given to patients out of fear of malpractice accusations.

On the opposite side of the spectrum, as observed by a New York Criminal lawyer, are consumer advocacy groups and attorneys, who claim that award caps for medical malpractice are detrimental to the interests of patients. They continue with a positive reason for keeping caps off of malpractice award suits by stating that when it comes to long-term care, cap-less awards act as an important element for the well-being of the patients. Furthermore, they maintain that hospitals do not usually pay such malpractice awards out of their own pocket; in fact, the insurance provider usually takes care of such claims, although insurance premiums have steadily increased in recent years.

Published on: January 28, 2012

Man Held as Material Witness in Terrorism Trial Sues Former Attorney General

by Stephen Bilkis

A man held for 14 days in 2003 for alleged ties to a terror suspect has filed a lawsuit against a former Attorney General. The man claims that he was stopped at Dulles International airport in Virginia and taken to various places throughout Virginia, Oklahoma and Idaho for questioning. During these sessions, the man was grilled on various subjects including his religious beliefs, ties to terrorism groups inside and outside the United States and his relationship with the terror suspect police officials had in custody, reports a New York Criminal Lawyer. The man was eventually released and never had to appear as a material witness. The other man’s trial resulted in an acquittal in 2004.

The man, a U.S. citizen, converted to Islam while attending the University of Idaho. It was there that he struck up a friendship with the other man accused of terrorism. On that day in 2003, the man was on his way to Saudi Arabia to learn more about his religion, study the language and learn more about the culture when he was detained at the airport. The man currently lives in Saudi Arabia and is being represented by the American Civil Liberties Union (ACLU).

This case will probably end up being heard in front of the Supreme Court. While most agree the court will side with the Attorney General, some believe the decision to do so will be a tough one. The man’s case rests on the fact that he was wrongfully detained as there was no evidence he was a part of any criminal activity or that he knew of any terror plots against the U.S., explains a New York Criminal Lawyer. The man also claims that law enforcement coerced him into answering questions because they told him he was to be a material witness during the other man’s trial.

Published on: January 23, 2012

College Student Arrested for 22 Fake ID’s

by Stephen Bilkis

A 20-year old college student has been arrested in Boulder, CO, for allegedly picking up a box that contained fake identifications, sources have told a New York Criminal Lawyer. The University of Colorado sophomore had allegedly gone to the local grocery store to pick up a box that had been delivered to the store bearing a friend’s name.

Although the young man initially told police that he simply got “caught in the middle” of his friend’s scheme to distribute fake ID’s, police soon discovered there was more to the story that what they were just told by the suspect. During a routine check for weapons, officers discovered the suspect’s wallet. Within the wallet was a fake id. This was all the arresting officers required in order to charge the youth with “suspicion of forgery, criminal possession of a forged instrument and unlawful acts,” police told the NY Criminal Lawyer.

Authorities were tipped off as to the contents of the package when the package was delivered to the a grocery store by UPS, and an employee opened the package by mistake. She discovered a total of 22 fake ID’s that were grouped in pairs for 11 people. Sources went on to inform a Staten Island Criminal Lawyer that although each of the ID’s did match a real person as well as their address, each of the ID’s listed the person as being at least 21 years of age.

Published on: November 18, 2011

Tax Fraud in Georgia is Growing

by Stephen Bilkis

Tax fraud has been a problem almost since people have been required to pay taxes. As a New York Criminal Lawyer also claimed that, the problem has been even more prevalent in the electronic age. This is due, in large part, to the many places that we do business on the Internet that collect our vital information and store it as part of a normal business transaction. Electronic information gathering is not the only method that criminals use to collect our private information, however. Thieves have been scouring trash bins and mailboxes during tax season for many years, and the problem has only grown worse.

Many citizens in one state in particular have been learning of the problem firsthand. Citizens from the State of Georgia have been reporting increasing instances of receiving tax bills that have caught them by surprise. These are also the same citizens who have been filing their taxes regularly and have had no problems either with the Internal Revenue Service (IRS) or with their Georgia state income tax. Recently it has been learned of one such man who discovered too late that a 26-year old illegal immigrant had been arrested for using his Social Security number when he applied for work in a nearby county. It is also believed that this same illegal immigrant is why the Georgia man had recently received a tax bill from the IRS for $3,434.

Unfortunately, stories like his are not uncommon. During the 2010 tax season, the State of Georgia’s Revenue Department reportedly detected at least 52,000 fraudulent tax returns that totaled approximately $41 million in tax refunds. Those returns are only the returns that were detected; sources indicated.

Published on: November 9, 2011

Indictment of Arts Patron

by Stephen Bilkis

Patron of the arts, real estate executive, and general partner are all terms being thrown around about a man accused of defrauding investors of more than six million dollars, declares a NY Criminal Lawyer.

In Dallas a 68 year old real estate executive is under federal indictment for allegedly committing fraud. This patron of the arts is said to have defrauded his investors out of over six million dollars in conjunction with two separate projects. It has been alleged that the real estate executive made false claims and representations to investors to gain funds. However, it has been said that most of the funds were used for things unrelated to the projects. One project in New Mexico and another in Parkwood Crossing in Fort Worth are those that are involved in the alleged scam. It has not yet been declared what the funds were used for, whether other projects or personal use.

The real estate executive’s attorney finds the indictment surprising as it came the day after a settlement was agreed upon between the real estate executive and the investors. The attorney states that the fact that the investors agreed to enter into a settlement and provide affidavits of non prosecution seems to point toward a sentiment of favor toward the defendant. This type of agreement can be seen as unusual in this type of case. The lawsuit that was just settled out of court was not exclusive to the Parkwood Crossing or New Mexico projects though they were included in the overall settlement.