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Sep 4, 2018

Tort/Negligence – Fraud – Breach of Contract – Sweepstakes Business Sale – Notice of Violation

Even if the defendant-seller did not tell the plaintiff-buyer that his Nash County internet sweepstakes business had been served with written notice from law enforcement that the games being played on the machines in his business violated G.S. § 14-306.4 (the sweepstakes statute), plaintiff has nevertheless failed to make out a claim of fraud since […]

Jun 20, 2018

Ex-North Carolina councilman falsely said he was doctor

ASHEVILLE (AP) A former North Carolina town councilman has been convicted of falsely representing himself as a doctor so he could provide expert testimony in court. The Associated Press reports court officials said 66-year-old Milton LeRoy Byrd, a former Fletcher town councilman, will spend the next three years on supervised probation after his conviction on […]

May 29, 2018

Father, son plead guilty to fraud involving secretive sect

ASHEVILLE (AP) A father and son who belong to a secretive evangelical church in North Carolina pleaded guilty May 25 to federal criminal charges in an unemployment benefits scheme that former congregants have said was part of a plan to keep money flowing into the church. As part of an ongoing investigation into physical and emotional […]

May 4, 2018

North Carolina man sentenced for Medicaid fraud

RALEIGH (AP) The former head of a North Carolina health care company has received a prison sentence in connection with a Medicaid fraud scheme. A news release from the U.S. Department of Justice said 47-year-old Shephard Spruill was sentenced to eight years in prison followed by three years of supervised release. Spruill was the CEO […]

Apr 30, 2018

North Carolina reaches settlement with dentist over claims

RALEIGH (AP) North Carolina’s attorney general has announced a settlement with a dentist over fraudulent claims sent to the state Medicaid program. Attorney General Josh Stein said April 27 a settlement was reached with Dr. Carlos J. Privette under which he will pay the program $470,000 in restitution. A news release said claims were submitted for […]

Apr 26, 2018

Tort/Negligence – Fraud – Corporate – Derivative & Individual Claims

Normally, fraud claims may not be based on promises of future intent; however, in this case, plaintiff has alleged that, when defendant Rives promised not to dispose of the nominal defendant-corporation’s assets without plaintiff’s consent, Rives had already taken steps to give himself authority to do just that. Moreover, plaintiff alleges that Rives began misappropriating […]

Mar 13, 2018

Tort/Negligence – Fraud – Deck Repair – Home Purchase – Unfair Trade Practices

Holding: Although the complaint does not make clear what relationship there is between plaintiffs and defendants, plaintiffs allege that defendants misrepresented the condition of a house’s deck to them and concealed a material fact in order to intentionally deceive them, and as a result of that deception plaintiffs purchased the house with the defective deck. […]

Feb 21, 2018

Tort/Negligence – Fraud & Breach of Fiduciary Duty – Civil Practice – Damages Amount – Corporate – Shares Sale

Bickley v. Fordin (Lawyers Weekly No. 011-062-18, 17 pp.) (Chris Dillon, J.) Appealed from Wake County Superior Court (G. Wayne Abernathy, J.) N.C. App. Holding: After defendant Fordin admitted that he owed plaintiff $70,000 and plaintiff presented evidence that he should have received $940,000, the jury awarded plaintiff $505,000. Although the is the average between […]

Nov 16, 2017

Securities – Fraud Claim – Scienter – Insufficient Showing – Knowledge of Falsity

Maguire Financial, LP v. PowerSecure International, Inc. (Lawyers Weekly No. 001-198-17, 18 pp.) (Allyson Duncan, J.) 16-2163; Nov. 15, 2017; USDC at Greenville, N.C. (James Dever III, C.J.) 4th Cir. Holding: Plaintiff alleges that defendant’s CEO said defendant had “renewed” its contract with a power company when in fact defendant had contracted to start providing […]

Oct 31, 2017

Criminal Practice – Health Care Fraud – Materiality – Unnecessary Tests

United States v. Palin (Lawyers Weekly No. 001-193-17, 13 pp.) (Diana Gribbon Motz, J.) 16-4522; Oct. 30, 2017; USDC at Abingdon, Va. (James Jones, J.) 4th Cir. Holding: Even if the district court failed to consider materiality when finding defendants guilty of health care fraud, the error was harmless. The record conclusively establishes that insurers […]

Oct 10, 2017

Tort/Negligence – Disappointed Investors – Fraud & Negligent Misrepresentation – Securities

Bucci v. Burns (Lawyers Weekly No. 020-088-17, 13 pp.) (Adam Conrad, J.) 2017 NCBC 81 Holding: While plaintiffs have alleged that they invested in the now-bankrupt, Inc., based on defendants’ admittedly false representations that Predictifyme had acquired Go-Fig Solutions (Pvt) Ltd. and had a formal relationship with the United Nations “to provide predictive software,” [&hel[...]

Sep 13, 2017

Securities – Fraud Claims – Capital Contributions & Loans

SAW Plastic, LLC v. Sturrus (Lawyers Weekly No. 020-081-17, 28 pp.) (Gregory McGuire, J.) 2017 NCBC 75 Holding: Even though plaintiff SAW Plastic, LLC’s capital contribution to defendant Aimet Technologies, LLC, made SAW a member of Aimet, the contribution did not make SAW a manager of Aimet. Where plaintiffs allege that (1) Aimet was a […]

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