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Article • February 1, 2007 • from P&J February, 2007
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 …
Article • July 30, 2006
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 …
Article • June 1, 2006 • from P&J June, 2006
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 …