Justia West Virginia Supreme Court of Appeals Opinion SummariesArticles Posted in White Collar Crime
State v. Rebecca F.
Defendant opened a number of fraudulent accounts in her daughter’s name beginning when her daughter was fourteen years old, resulting in her daughter’s credit rating being ruined. Defendant pled guilty to eight counts of identity theft, was sentenced to an effective five-year prison term, and was ordered to pay restitution to six financial institutions and to her daughter. The Supreme Court affirmed the circuit court’s sentencing order, holding that the circuit court did not err by (1) sentencing Defendant to prison instead of placing her on probation or home confinement; and (2) ordering her to pay $10,000 in restitution to her daughter. View "State v. Rebecca F." on Justia Law
Grant Thornton, LLP v. Kutak Rock, LLP
First National Keystone Bank retained an independent accounting firm to audit its records at a time that members of the bank's management were fraudulently concealing the bank's financial condition. The accounting firm issued a clean audit concerning the bank. It was later discovered that the bank had overstated its assets by over $500 million. Upon investigation, the FDIC concluded that the law firm that represented the bank had engaged in legal malpractice. The FDIC settled its claims against the law firm. The accounting firm was later found liable to the FDIC in federal district court for a negligent bank audit. The accounting firm subsequently sued the law firm, alleging fraud, negligent misrepresentation, and tortious interference with the accounting firm's contract to perform the audit. The circuit court granted summary judgment in favor of the law firm. The Supreme Court affirmed, holding that the claims of the accounting firm against the law firm were, in reality, contribution claims rather than direct or independent claims and were, therefore, barred by the settlement agreement between the law firm and the FDIC. View "Grant Thornton, LLP v. Kutak Rock, LLP" on Justia Law