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Securities [05/15] Judge: Countrywide shareholders' suit can proceed [05/15] SEC charges Broadcom co-founders in options probe [05/15] Sony shares rise in Tokyo after upbeat earnings [05/12] MBIA slides to huge 1Q loss on hefty charges [05/09] Activision shares soar after 4Q results fly past estimates [05/09] Japanese shares drop on Toyota outlook [05/08] Nasdaq first-quarter profit surges on boost from OMX buyout [05/08] Wal-Mart same-store sales top Wall Street expectations [05/06] Yahoo facing shareholder fireworks at July 3 annual meeting [05/06] NYSE Euronext profit triples on higher volumes More... White Collar Crime [05/15] SEC charges Broadcom co-founders in options probe More... Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Users may not download or reproduce a substantial portion of the AP material found on this web site. AP will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing. Case Summaries White Collar Crime [05/06] In re: Slatkin Summary judgment in favor of bankruptcy trustee, avoiding under 11 U.S.C. section 548(a) and California Civil Code section 3439.04(a) certain transfers made by the debtor during his operation of a Ponzi scheme, is affirmed where: 1) the bankruptcy court did not abuse its discretion in denying appellants-investors' motion for a continuance to conduct further discovery; 2) investors' right to a jury trial was not violated by the grant of summary judgment; 3) the bankruptcy court properly determined that debtor acted with the actual intent to "hinder, delay, or defraud" his creditors; 4) a determination that debtor was not a "stockbroker" under the Bankruptcy Code was proper; and 5) prejudgment interest was properly awarded. [05/05] US v. Eberhard Conviction, sentence, and restitution ordered against defendant for conspiracy, investment advisor fraud, mail and wire fraud, and obstruction of justice, are affirmed over defendant's claims that: 1) application of newly-enacted 18 U.S.C. section 3771(a) was unconstitutional as applied to him under the Ex Post Facto and Due Process clauses; 2) the record did not support a four-level role enhancement under the sentencing guidelines; and 3) his sentence was substantively unreasonable in light of a probation office's recommended terms. [04/23] US v. Rittweger Conviction of multiple defendants for conspiracy to commit securities fraud, wire fraud, and commercial bribery, using facilities of interstate commerce to carry on and facilitate commercial bribery, wire fraud, and securities fraud is affirmed over claims that: 1) the district court erred by denying defendants' motion to sever under Fed. Crim. Pro. Rule 8(b) and Rule 14; and 2) the government violated Brady, when it failed to produce arguably exculpatory evidence with respect to a charged co-conspirator until the week of trial. [04/23] US v. Livesay On remand from the Supreme Court for reconsideration in light of Gall v. US, 128 S. Ct. 586 (2007), a sentence for a $1.4 billion fraud scheme is vacated and remanded where the district court committed Gall procedural error by: 1) legally erring in a U.S.S.G. section 5K1.1 downward departure; and 2) failing to adequately explain its sentence variance from the advisory Guidelines range to its chosen sentence in a way that allows for any meaningful appellate review. [04/11] US v. Sullivan Defendants' convictions and sentences for mail, wire, and bankruptcy fraud, money laundering, and conspiracy to commit fraud and money laundering are affirmed over claims that: 1) the evidence was insufficient to support the convictions; 2) the government created a prejudicial variance between the indictment and proof at trial; 3) one defendant's trial should have been severed, and 4) the prosecutor engaged in misconduct. More... 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.  
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