Punch and Jurists

U.S. v. Gowing, No. 10-4073-cr (L) (2nd Cir.) (683 F.3d 406) (June 6, 2012) (Per Curiam) by Convictions and sentencing on charges arising from an elaborate, years-long financial fraud, which was enhanced under 18 U.S.C. § 3147 for defendant's continued actions in furtherance of the conspiracy to defraud even after …

U.S. v. Lyons, No. 04-50082 (9th Cir.) (472 F.3d 1055) (January 11, 2007) (Judge M. Margaret McKeown) by Defendants sought review of a judgment from the United States District Court for the Central District of California, which convicted them upon a jury verdict of mail fraud in violation of 18 …

Madigan v. Telemarketing Associates, No. 01-1806 (U.S. Supreme Court) (538 U.S. 600; 123 S.Ct. 1929) (May 5, 2003) (Justice Ginsburg) by Here a unanimous Court held that the mere fact that a telemarketer keeps 85% of contributions it solicits cannot be the basis of a fraud conviction, and neither can …

U.S. v. Lyons, No. 04-50082 (9th Cir.) (453 F.3d 1222) (July 17, 2006) (Judge M. Margaret McKeown) by This consolidated appeal is an interesting telemarketing fraud case that explores the Supreme Court’s recent default rule that, in a criminal prosecutions for fraud involving telemarketing, the "bare failure to disclose [the …

U.S. v. Rodriguez, No. 96-1670 (2nd Cir.) (140 F.3d 163) (March 24, 1998) (Judge Thomas J. Meskill) by Here the Court emphasized that where the government alleges that a defendant, through misrepresentations, engaged in a deceptive course of conduct "the misrepresentations must be material to give rise to liablity" under …