News & Analysis as of

Trusts Fraud

Cozen O'Connor

Hundreds of Millions Lost by Seniors Due to Bankruptcies Filed by CCRC Communities

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The Wall Street Journal has reported that recent bankruptcies nationwide in the Continuing Care Retirement Community (CCRC) segment of the long-term care marketplace have resulted in residents losing their buy-in deposit....more

ArentFox Schiff

Investigations Newsletter: Co-Founder and Accountant of Leading Special Needs Trusts Charged in $100 Million Alleged Fraud Scheme

ArentFox Schiff on

Earlier this week, the government unsealed an indictment against Leo Joseph Govoni, the co-founder of the nonprofit Center for Special Needs Trust Administration (CSNT), and John Leo Witeck, an accountant for CSNT, charging...more

Winstead PC

Court Reversed Summary Judgment And Held That There Was A Fact Question On Whether A Trust Was Void Due To Forgery Or Fraud

Winstead PC on

In In re Est. of Prieto, the contestant’s mother executed a will in 2008 leaving her property to a trust. No. 04-22-00038-CV, 2024 Tex. App. LEXIS 6336 (Tex. App.—San Antonio August 28, 2024, no pet.)....more

Robins Kaplan LLP

Lifestyles of the Rich and Famous: Fiduciary Responsibility in the Spotlight

Robins Kaplan LLP on

Wealth and celebrity provide no immunity from the burdens of fiduciary responsibility. The more complex an estate or financial portfolio, the greater the opportunity for fiduciary breaches—whether through elder exploitation,...more

American Conference Institute (ACI)

[Event] High-Net-Worth Contentious Disputes - June 12th - 13th, New York, NY

As the landscape of HNW disputes remains increasingly complex — with cross-border disputes, challenges with tracing and valuating digital assets, contentious trusts, and privacy concerns playing larger roles — ACI's Inaugural...more

The Estate Lawyers

Music Legend’s Family Bears the Weight of Estate Feud Centered on Financial Abuse and Incapacity Claims

The Estate Lawyers on

Robbie Robertson, famously associated with Bob Dylan, left his own mark as founder of legendary band, The Band, and through his solo work and his many movie scores. Inducted into the halls of fame in the U.S. and his native...more

Downey Brand LLP

Gambling, Racehorses, and Protecting Your Loved Ones from Testamentary Fraud: They Have More in Common Than You Think

Downey Brand LLP on

A question for you: do you have an estate plan? Of course you do, everyone needs an estate plan. Second question: who is(are) the beneficiary(ies) of your estate plan? Someone you love and trust, I presume. Perhaps a spouse,...more

Stark & Stark

Contesting a Will in Pennsylvania: Understanding Your Rights

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In Pennsylvania, contesting a will is a serious legal action that should not be taken lightly. It can be emotionally challenging, especially if you believe that the will does not reflect the true intentions of the deceased....more

Patton Sullivan Brodehl LLP

Lis Pendens Upheld in Claim Against Sham Trustee Who Transferred Trust Property

A lis pendens is a recorded document giving constructive notice that a lawsuit has been filed affecting title to or right of possession of the real property described in the notice. Any person later acquiring an interest in...more

Offit Kurman

Tracing Offshore Accounts in Divorce: How to Uncover Hidden Assets

Offit Kurman on

Offshore accounts are appealing to those trying to hide money because they offer banking secrecy in certain jurisdictions, lax reporting requirements compared to domestic accounts, and complex structures involving shell...more

A&O Shearman

Pensions: what’s new this week? February 10, 2025

A&O Shearman on

Welcome to your weekly update from the A&O Shearman pensions team, covering all the latest legal and regulatory developments in the world of workplace pensions. High Court 'blesses' merger of scheme in winding-up and sharing...more

Walkers

Lucy Frew FinTech column October 2024

Walkers on

What are the latest regulatory developments concerning the FinTech sector? The Law Commission’s supplemental report on digital assets as personal property (report), the Property (Digital Assets etc) Bill and the recent...more

American Conference Institute (ACI)

Making Victims Whole in a Multi-Jurisdictional Civil Fraud Case

Multi-jurisdictional civil fraud matters often present multiple challenges that make the tracing and recovery of assets a complex, costly, and time-consuming investigative process. Making a fraud victim whole again requires...more

Winstead PC

Trust Issues in Divorce Proceedings - Presentation - May 2023

Winstead PC on

David F. Johnson presented to the Tarrant County Probate Bar Association on May 4, 2023, on the topic of “Trust Issues in Divorce Proceedings.” This program discussed some of the many trust issues that arise in divorce...more

ArentFox Schiff

Physician Ownership in Medical Device Company Will Not Trigger Anti-Kickback Statute Enforcement Action, OIG Concludes in Advisory...

ArentFox Schiff on

Physician-owned companies that generate revenue from the sale of medical devices ordered by their physician owners have in recent years been the target of federal fraud and abuse enforcement actions. OIG Advisory Opinion...more

Chambliss, Bahner & Stophel, P.C.

Begin with the End in Mind

In "The 7 Habits of Highly Effective People," Stephen Covey wrote that we should "begin with the end in mind." In the context of an estate plan, this means that we must consider how that plan will be carried out once it has...more

Winstead PC

Breach Of Fiduciary Duty Claim Against Trustee Based On Self-Dealing Real Estate Investment Was Dismissed Due To Limitations,...

Winstead PC on

In Goughnour v. Patterson, a beneficiary sued a trustee based on a failed real estate investment. No. 12-17-00234-CV, 2019 Tex. App. LEXIS 1665 (Tex. App.—Tyler March 5, 2019, no pet. history). In 2007, the trustee of four...more

Husch Blackwell LLP

Department Of Justice Continues To Prioritize Asbestos Trust Fraud

Husch Blackwell LLP on

Over the last few months, the Department of Justice (DOJ) has signaled that fighting fraud, waste, and abuse in asbestos trusts is a priority. Our previous article on this subject highlighted DOJ’s September 13, 2018...more

Husch Blackwell LLP

Department Of Justice Acts To Fight Asbestos Trust Fraud

Husch Blackwell LLP on

On September 13, 2018, the Department of Justice (DOJ) filed its first ever Statement of Interest in the bankruptcy of an asbestos company, signaling that DOJ intends to prioritize fraud and mismanagement relating to asbestos...more

Farrell Fritz, P.C.

Receipts and Releases: End of the Road or Just the Beginning

Farrell Fritz, P.C. on

The discharge of an executor or trustee is the ultimate end-game of most, if not all, estate and trust administrations. Affording that kind of comfort level to the fiduciary can be accomplished in one of two ways,...more

Pullman & Comley, LLC

Appellate Court Notes

Pullman & Comley, LLC on

Appellate Court Advance Release Opinions: AC38454 - In re Daniel N. AC36701 - State v. Adams - AC36701 Dissent - State v. Adams - AC37362 - Deutsche Bank National Trust Co. v. Thompson - ...more

Orrick, Herrington & Sutcliffe LLP

The Lehman Client Money Litigation

When it was placed into administration on the morning of 15 September 2008, Lehman Brothers International (Europe) (in administration) ("LBIE") could account for approximately $2.16 billion of money in its segregated client...more

Troutman Pepper

Affiliate Transfer: Fraudulent Conveyance or Unwinding Resulting Trust?

Troutman Pepper on

A chapter 7 trustee sought to set aside as a debtor’s transfer of her interest in property held jointly with her husband to her husband’s corporation as a constructive fraudulent conveyance. The bankruptcy court agreed that...more

Orrick - Finance 20/20

New Jersey Federal Judge Partially Dismisses Claims Against RMBS Trustee

Orrick - Finance 20/20 on

On April 23, Judge William J. Martini of the U.S. District Court for the District of New Jersey granted in part U.S. Bank’s motion to dismiss investor VNB Realty, Inc.’s claims against the bank as trustee of two RMBS trusts....more

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