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Results: 1-10 of 42

Employer TPA MD RICO?

  • Calfee Halter & Griswold LLP
  • -
  • USA
  • -
  • May 31 2012

In an April 2012 decision that is only starting to reverberate in workers’ compensation circles, the United States Court of Appeals for the Sixth Circuit has held that a state workers’ compensation system does not preempt the civil provisions of the federal Racketeer Influenced and Corrupt Organizations Act (RICO

Department of Labor criminalizes late contributions to retirement and health plans

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • September 25 2009

The new Assistant Secretary of Labor of the Employee Benefits Security Administration, Phyllis Borzi, recently announced a new Department of Labor (DOL) Employee Retirement Income Security Act enforcement initiative to criminalize failures to forward participant contributions to retirement and health plans

Investment adviser convicted of defrauding employee benefit plan

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • April 30 2010

On April 16, the U.S. Attorney for the Eastern District of Michigan, together with the Regional Director for the Employee Benefits Security Administration (EBSA) and the Federal Bureau of Investigation’s Special Agent in Charge, announced the conviction of Anthony James for 14 criminal counts relating to his operation of a Ponzi scheme

Eleventh Circuit affirms dismissal of options backdating securities fraud class action for failure to meet Reform Act's heightened pleading standards

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • February 12 2010

In Edward J. Goodman Life Income Trust v. Jabil Circuit, Inc., No. 09-10954, 2010 WL 154519 (11th Cir. Jan. 19, 2010), the United States Court of Appeals for the Eleventh Circuit affirmed the dismissal of securities fraud and insider trading claims arising out of options backdating

SEC sues private company and its CEO for fraud related to buyback program involving employee stock bonus plan

  • McDermott Will & Emery
  • -
  • USA
  • -
  • February 29 2012

On December 12, 2011, the U.S. Securities and Exchange Commission (SEC) filed suit in the U.S. District Court for the Southern District of Florida against Stiefel Laboratories, a family-owned dermatological products business that was acquired by GlaxoSmithKline (GSK) in 2009, and against Charles Stiefel, the company’s former chairman and CEO

Court refuses to lift PSLRA discovery stay

  • Katten Muchin Rosenman LLP
  • -
  • USA
  • -
  • April 18 2008

Plaintiffs brought a shareholder derivative action, claiming the officers and directors of Asyst Technologies, Inc. (Asyst) violated federal and state securities law by backdating stock options and making false filings with the Securities and Exchange Commission

Michigan exclusive workers' compensation administrative process trumps federal court RICO and fraud claims

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • October 12 2010

In a comprehensive and thoughtful opinion, a federal district court has dismissed, with prejudice, a RICO action contending that a self-insured, its third party administrator and a physician schemed to fraudulently deny workers’ compensation benefits allegedly owed to a number of claimants under the Michigan Workers’ Disability Compensation Act (the “WDCA”), Mich. Comp. Laws 418.101 et. seq. Brown v. Cassens Transport Co., 2010 U.S. Dist. LEXIS 101660 (E.D. Mich. September 27, 2010

DOL provides plan fiduciaries guidance involving Bernard Madoff

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • February 23 2009

In 1960, Bernard Madoff founded Bernard L. Madoff Investment Securities LLC

Brocade: former Human Resources Director sentenced on backdating-related conviction

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • March 21 2008

On March 18, 2008, Stephanie Jensen, Brocade's former Human Resources Director, was sentenced to four months in prison and three months in a halfway house and ordered to pay a $1.25 million fine based upon her December 2007 conviction on charges of conspiracy and falsifying corporate records related to stock option backdating

Brocade executives seek reversal of backdating convictions

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • May 18 2009

On August 7, 2007, a jury in a federal court in California convicted the former CEO of Brocade Communications Systems, Inc., Greg Reyes, of securities fraud in connection with the company’s failure properly to account for backdated stock options

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