Bachner & Associates, P.C. - Attorneys At Law

In The News
News

Securities
[07/02] World stocks down ahead of key US jobs data
[07/01] Economist: Midwest economy shows improvement
[07/01] Asia markets mixed as data points to slow recovery
[06/30] World stocks awaiting economic recovery clues
[06/30] Asian markets mixed, Europe down ahead of key data
[06/26] Few take up McClatchy debt exchange offer
[06/26] Rising commodity prices boost European markets
[06/26] World stock markets track Wall Street higher
[06/25] Economy dips at slightly lower pace in 1Q
[06/25] European markets down as Fed enthusiasm wanes
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White Collar Crime
[07/01] Judge revokes bond for Texas financier Stanford
[06/30] AP Source: 10 others to be charged in Madoff probe
[06/30] Attorneys await decision on Stanford's bond
[06/30] SEC wants financier's assets frozen before trial
[06/25] Indicted billionaire Stanford taken to courthouse
[06/23] Accused spam scammer pleads guilty in Detroit
[06/23] Madoff lawyer seeks 12-year sentence for client
[06/23] AP source: Indicted billionaire headed to Texas
[06/19] Investment adviser sentenced in $13M Ponzi scheme
[06/17] Hearing set for lawyer accused of extorting Dole
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Case Summaries

White Collar Crime

[06/19] Alaska Elec. Pension Fund v. Flowserve Corp.
In a securities fraud class action, the District Court's denial of class certification and grant of Defendants' summary judgment motion are reversed where: 1) the District Court conducted its Fed. R. Civ. P. 23 hearing under an erroneous legal standard for proving loss causation; and 2) a reasonable trier of fact could conclude that one of Defendant's alleged misstatements regarding its earnings caused some portion of Plaintiff's loss after the "relevant truth" began to leak out.

[06/18] Yeager v. US
In an appeal from the District Court's order denying Defendant's motion to dismiss his wire fraud indictment on Double Jeopardy grounds, the order is reversed where an apparent inconsistency between a jury's verdict of acquittal on some counts and its failure to return a verdict on other counts does not affect the acquittals' preclusive force under the Double Jeopardy Clause.

[06/04] US v. Hosking
District court judgment ordering defendant to pay restitution after pleading guilty to embezzlement is affirmed in part and vacated in part where: 1) it was within the district court's discretion to charge plaintiff's retirement account as a source of funds to provide restitution; 2) the district court did not fail to consider defendant's financial situation before ordering the liquidation of her retirement account; and 3) the sentencing judge erred by failing to provide a complete accounting of the bank's investigative costs in the restitution award, and on remand the government must provide an explanation and evidence of how each employee's time was spent in pursuing the investigation.

[04/28] People v. Zanoletti
Conviction for insurance fraud is affirmed where: 1) a defendant cannot be convicted of multiple violations of Penal Code section 550 (a) for the same act, but defendant-wife's multiple convictions were proper as they were based on different acts of fraud; and 2) the single-intent-and-plan doctrine was inapplicable to defendant's crimes as defendant committed separate violations of the code.

[03/19] The Cancer Found. Inc. v. Cerberus Capital Management, LP
In an action brought under the Racketeer Influenced and Corrupt Organization Act, district court's dismissal of the racketeering suit as untimely is affirmed where the four year statute of limitations for a civil RICO cause of action began to run when the plaintiffs discovered in 1997 that they had been injured by the defendants.
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Bachner & Associates represents clients in Manhattan, the Bronx, Queens, Staten Island, and Brooklyn, throughout the states of New York and New Jersey, nationwide, and internationally. Our attorneys have handled legal matters in Dallas, Houston, Miami, and Atlanta, and other cities across the U.S., as well as in London, Dublin, Milan, the Channel Islands, and other worldwide locations.