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Federal: 11th Circuit Affirms Postal Worker’s Conviction of 33 Counts of Workers’ Compensation Fraud

The Eleventh Circuit Court of Appeals affirmed, in relevant part, a jury’s findings that an Alabama letter carrier was guilty of 33 counts of workers’ compensation fraud in connection with benefits received following a work-related injury. In 2001, the postal worker suffered an admitted injury...

State Net Capitol Journal Spotlight – Voter ID Controversies Cloud 2016 Elections

While media attention focuses on the presidential campaign, courts are making changes in voting laws in ways that could impact election outcomes in 2016 and beyond. Under the banner of combating voter fraud, Republican-run legislatures have in the last several years passed a slew of stringent voter...

Former San Antonio Immigration Attorney Sued for Consumer Fraud: Texas v. Esquivel

"Paul A. Esquivel, a well-known former immigration attorney with offices across the state, for years filed fraudulent paperwork for his clients, giving them temporary work permits but leaving them in danger of deportation, state prosecutors alleged in a lawsuit filed this week in San Antonio. The...

Supreme Court Allows Ecuador Pollution Plaintiffs to Sue Chevron Canada

The Supreme Court of Canada has allowed Ecuador pollution plaintiffs to try to seek enforcement against Chevron Canada of a multibillion-dollar damage award against Chevron Corporation for oil pollution in Ecuador: Chevron Corp. v. Yaiguaje . According to the court, this is a relatively simple question...

Proximate Cause Is Required to Win Your Fraud Claim

To state a cause of action for fraud in Virginia, a plaintiff must plead that there was (1) a false representation of (2) a material fact, (3) made intentionally and knowingly, (4) with intent to mislead, and that the plaintiff (5) reasonably relied on that false representation and (6) that his reliance...

CFPB Sues Company and Owner for Alleged Student Financial Aid Scam

by Barbara S. Mishkin A new lawsuit filed by the CFPB in a California federal district court alleges that the defendants, a company and its individual owner, are engaged in a nationwide student financial aid scam. In addition to injunctive relief, the complaint seeks redress for harmed consumers and...

Slavery, Visa Fraud & Harboring Charged in Texas: USA v. Nsobundu

DOJ, Feb. 8, 2016 - "A couple residing in Katy has been taken into custody following the filing of a criminal complaint alleging forced labor, withholding documents, conspiracy to harbor an illegal alien and visa fraud, announced U.S. Attorney Kenneth Magidson. Chudy and Sandra Nsobundu, 56 and...

Oklahoma: 180-Day Employment Rule for Cumulative Trauma Injuries Is Unconstitutional

The Supreme Court of Oklahoma held that a provision in Okla. Stat. tit. 85A, § 2(14) that creates a condition precedent to the filing of a cumulative trauma claim—that the claimant must have completed 180 days of continuous active employment with the employer—is unconstitutional, since...

Prosecuting Immigration Services Fraud - ABA Webinar

ABA, Mar. 30, 2016 - "This program was designed for law enforcement on investigating and prosecuting immigration services fraud. This webinar , designed for law enforcement on investigating and prosecuting immigration services fraud, covers best practices for identifying victims and encouraging...

Couple Indicted for $20M H-1B Visa Fraud Scheme

Patrick Thibodeau, Computerworld, May 2, 2016 - "The U.S. government has indicted a Virginia couple for running an H-1B visa-for-sale scheme the government said generated about $20 million. Raju Kosuri and Smriti Jharia of Ashburn, Va., along with four co-conspirators, were indicted last week by...

Vermont Workers’ Compensation Update: April to June 2016

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. Argentina Kearney has joined the Department of Labor staff as a Workers’ Compensation Specialist II starting May 16, 2016. Ms. Kearney has most recently been employed...

CA9 on GMC, Fraud: Wang v. Rodriguez

Wang v. Rodriguez, July 27, 2016 - "Lifeng Wang, a lawful permanent resident, was convicted of one count of trafficking in counterfeit goods in violation of 18 U.S.C. § 2320(a). Based on that conviction, U.S. Citizenship and Immigration Services (“USCIS”) denied her application...