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Mortgage lender not "financial institution" for federal criminal bank fraud just because it was owned by a financial institution

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • September 15 2010

Is a mortgage lender that is a wholly-owned subsidiary of a "financial institution" itself a "financial institution" for purposes of federal criminal bank fraud?

Bank not liable in Nigerian-style email scam

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • June 1 2010

When a bank sues to recover an overdraft created by a Nigerian-style email scam, which party has the burden of proof on the question of whether, in the context of section 3406 of the Commercial Code, the bank acted negligentlythe bank or the overdraft account holder?