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Full-Text Articles in Law
Breaking Past The Parallax: Finding The True Place Of Lawyers In Securities Fraud, Marianne C. Adams
Breaking Past The Parallax: Finding The True Place Of Lawyers In Securities Fraud, Marianne C. Adams
Fordham Urban Law Journal
Lawyers often play an integral part in business transactions and securities offerings. This puts lawyers on the sidelines of not only great business successes, but also, every so often, tremendous failures. Because they are viewed by many as gatekeepers, and in that role provide a degree of assurance (with their reputational capital) that gross illegalities will not occur, a series of questions arise in the minds of many when illegalities do happen on attorneys’ watch. This Note analyzes the legal standards that are in play and those that should be imposed when lawyers aid or abet a fraud. Part I …
Report On The Debate Over Whether There Should Be An Exception To Confidentiality For Rectifying A Crime Or Fraud, Maria Helen Bainor, Nancy Batterman
Report On The Debate Over Whether There Should Be An Exception To Confidentiality For Rectifying A Crime Or Fraud, Maria Helen Bainor, Nancy Batterman
Fordham Urban Law Journal
The Model Rules of Professional Conduct fail to provide lawyers with adequate guidance for dealing with situations in which a client has used the lawyer's services to perpetuate a fraud. He Model Rules do not discuss confidentiality in cases of client-committed fraud at all, and the provided exceptions to the confidentiality requirement do little to help attorney's deal with past frauds committed by a client with the unwitting aid of the attorney. The Model Rules should be amended to authorize disclosure of client confidences to rectify a crime or fraud when the lawyer's services have been used in the commission …
The Rights Of Probationary Federal Employee Whistleblowers Since The Enactment Of The Civil Service Reform Act Of 1978, Benjamin C. Indig
The Rights Of Probationary Federal Employee Whistleblowers Since The Enactment Of The Civil Service Reform Act Of 1978, Benjamin C. Indig
Fordham Urban Law Journal
This Comment focuses on the rights, since the passage of the Civil Service Reform Act of 1978 (CSRA), of the probationary employee who exposes fraud and mismanagement in the federal government. It reviews the rights granted by the CSRA, as well as non-CSRA rights granted under the Privacy Act, and under the first and fifth amendments of the Constitution, including the right to sue one's supervisor in a Bivens action. Non-CSRA rights are particularly important to the whistleblower who is a probationer. The Comment concludes that the CSRA does encourage probationers, to an extent, to expose fraud and wrongdoing in …
Fair Plans: History, Holtzman And The Arson-For-Profit Hazard, Joanne Dwyer
Fair Plans: History, Holtzman And The Arson-For-Profit Hazard, Joanne Dwyer
Fordham Urban Law Journal
This Comment discusses the Fair Access to Insurance Requirements (FAIR) plans implemented in twenty-six states, the District of Columbia, and Puerto Rico pursuant to the Urban Property Insurance Protection and Reinsurance act in an attempt to ameliorate urban deterioration by reducing unfair insurance pratices. These plans provided insurance to property owners denied insurancy in the voluntary market. The Comment outlines the history of FAIR plans, their federally mandated guidelines, and the state's implementation of such requrements, the Holtzman amendment of 1978 (requiring at least one-third of the voting members of the FAIR plan governing boards to be independent representatives of …
Arson Fraud: Criminal Prosecution And Insurance Law, Anne Winslow Murphy, Andrew Maneval
Arson Fraud: Criminal Prosecution And Insurance Law, Anne Winslow Murphy, Andrew Maneval
Fordham Urban Law Journal
This comment discusses prosecutions for arson, and more specifically the lack of successful prosecutions of "arson-for-profit," arson that is motivated by an intent to defraud an insurance company. The comment discusses the difficulties in proving arson under both common law and statutory schemes, and various ways to strengthen prosecution of arson fraud. Ultimately the comment concludes that cost may be the most significant obstacle to effective prosecution of the crime of arson, and the power of reform lies with the budget officers of the agencies and elected public officials.
Note: The Federal False Claims Act: A Potential Deterrent To Medicaid Fraud And Abuse, Peter J. Sherman
Note: The Federal False Claims Act: A Potential Deterrent To Medicaid Fraud And Abuse, Peter J. Sherman
Fordham Urban Law Journal
A scandal that seems certain to occupy headline space during the foreseeable future is the abuse of the Medicare and Medicaid programs, under which state agencies provide medical assistance to the elderly, needy and disabled with largely-federal funding. Medicaid fraud and abuse wastes an estimated three billion dollars of tax money each year. Senate investigators who studied the problem found that "rampant fraud and abuse exists among practitioners participating in the Medicaid program" and among participating medical testing laboratories. The Federal False Claims Act (FCA), a statute more than a century old, provides a potential deterrent to such fraud and …