2 re-sentencings ordered in $1.9B Ohio fraud case

Legal Business 2010/07/29 09:10   Bookmark and Share
A federal appeals court on Wednesday ordered new sentences for two former National Century executives convicted in a $1.9 billion corporate fraud case once likened to the Enron scandal, saying the government had proved some but not all of its case.

A three-judge panel of the 6th U.S. Circuit Court of Appeals in Cincinnati overturned Donald Ayers' conviction of conspiracy to commit money laundering, and Roger Faulkenberry's conviction of money laundering and conspiracy to commit money laundering, saying the government didn't provide enough proof.

Remaining in place are Ayers' convictions of conspiracy to defraud the U.S. and securities fraud, and Faulkenberry's convictions of conspiracy to defraud the U.S., securities fraud and wire fraud.

Ayers, 74, is serving 15 years in Coleman federal prison in Florida after his 2008 conviction with Faulkenberry and four other top executives from National Century Financial Enterprises, a Columbus health care financing company. Federal prosecutors compared the case to Enron.

Faulkenberry, 49, is serving 10 years in Gilmer federal prison in West Virginia after his 2008 conviction.

The court said the government didn't prove that advances Faulkenberry and Ayers made to medical companies were designed to conceal the money's source.

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Goldfarb Branham LLP Investigating AmeriCredit

Press Release 2010/07/27 09:15   Bookmark and Share

Goldfarb Branham LLP is still pursuing potential shareholder claims against the Board of Directors of Texas-based AmeriCredit due to an allegedly unfair buyout by General Motors for $24.40 per share. The Dallas-Fort Worth firm plans to file a stockholder class action lawsuit against the Board of Directors that seeks to make the deal fair for AmeriCredit shareholders. Any AmeriCredit stockholders interested in joining the lawsuit as a plaintiff are encouraged to contact shareholder lawyer Hamilton Lindley at 877-583-2855 or hlindley@goldfarbbranham.com.

"Because at least one analyst has a target price for AmeriCredit of $26.00 per share, and the stock has traded as high as $26.49 per share within the last year, this deal appears unfair for ACF shareholders," said Hamilton Lindley, a shareholder lawyer at Goldfarb Branham. "It is estimated that GM will increase its sales by 10-20 percent with this takeover, but AmeriCredit shareholders will be completely cashed out for a mere $24.40 per share."

Goldfarb Branham LLP firm has significant experience in Texas merger cases and provides nimble, creative, and effective counsel at all stages of litigation. If you own AmeriCredit stock or have information and wish to discuss this matter, contact attorney Hamilton Lindley at 877-583-2855 or hlindley@goldfarbbranham.com. All litigation related expenses are paid for by the firm. The firm only gets paid when it is successful in obtaining a benefit for the shareholders.

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Bull & Lifshitz, LLP Announces Investigation

Press Release 2010/07/27 09:15   Bookmark and Share

Bull & Lifshitz, LLP announces an investigation into possible breaches of fiduciary duty in connection with the proposed acquisition of ATC Technology Corporation by GENCO Distribution System, Inc. in a cash transaction valued at approximately $512.6 million.

Under the terms of the transaction, approved by the board of directors of both companies, each outstanding share of ATC will be converted into the right to receive $25.00 per share in cash. Completion of the merger is subject to, among other things, approval by holders of a majority of ATC's outstanding common stock.

Bull & Lifshitz, LLP's investigation is focused on whether the Board of Directors breached their fiduciary duties to ATC stockholders and whether the proposed deal provides adequate value to the Company's shareholders.

If you are a holder of ATC stock and want to discuss your legal rights, you may e-mail or call Bull & Lifshitz, LLP who will, without obligation or cost to you, attempt to answer your questions.

If you are a shareholder of ATC and would like more information about our investigation, please contact Joshua M. Lifshitz, Esq. by telephone at (866) 313-6222 or by sending an e-mail including your contact information to: counsel@nyclasslaw.com. All e-mail correspondence should make reference to ATC.

Bull & Lifshitz, LLP is a New York City-based law firm with significant experience representing investors in merger-related shareholder class actions, shareholder derivative actions, and securities fraud class actions. For more information about the firm, please visit our website at www.nyclasslaw.com.

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N.J. gay-marriage case must begin in lower court

Headline Legal News 2010/07/27 01:13   Bookmark and Share

The push for gay marriage in New Jersey suffered a setback Monday when the state Supreme Court said six gay couples who claim New Jersey has denied them the rights granted to married heterosexual couples must argue their case through the lower courts.
The court was split, 3-3, in the decision; four affirmative votes are needed for a motion to be granted.

Chief Justice Stuart Rabner and Justices Roberto Rivera-Soto and Helen Hoens said in an order that the issue "cannot be decided without the development of an appropriate trial-like record," and denied the plaintiffs' motion without prejudice.

They added that they reached no conclusion on the merits of the plaintiffs' allegations that the Civil Union Act violates their constitutional rights.

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Wis. justices uphold ex-Jesuit priest's conviction

Legal Business 2010/07/20 08:52   Bookmark and Share

The Wisconsin Supreme Court has upheld a sexual abuse conviction of a former Jesuit priest who claimed he was falsely accused.

In a 7-0 ruling on Tuesday, justices ruled that Donald McGuire's prosecution 36 years after he allegedly abused two teenage boys in the 1960s was fair.

McGuire, a former spiritual adviser to Mother Teresa and her religious order of nuns, argued the delay hurt his ability to defend himself. Justices disagreed.

The men came forward in 2003 to report they were abused by McGuire during trips to a cottage in Fontana, Wis. in 1967 and 1968. At the time, McGuire taught the boys at the Loyola Academy in Wilmette, Ill.

McGuire was convicted on five counts of indecent behavior with a child. He is serving a 25-year prison term on separate, federal charges.

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Goldman profit slides on SEC charge, revenue drops

Headline Legal News 2010/07/20 08:52   Bookmark and Share

Goldman Sachs Group Inc. said Tuesday its second-quarter net income dropped 83 percent to $453 million as its trading revenue fell and it booked a charge for its settlement of civil fraud charges with the Securities and Exchange Commission.

The company's revenue fell short of expectations and helped send the stock market falling. Goldman followed IBM Corp. and Texas Instruments Inc., which late Monday reported revenue that disappointed investors.

Goldman's stock dropped $1.89 to $143.79 in morning trading.

Goldman took a $550 million charge to cover the cost of the settlement with the SEC that was announced last week. Earnings were also reduced by a one-time, $600 million charge tied to a new tax on bonuses in Britain.

Excluding the one-time costs, net income after payment of dividends on preferred stock came to $2.75 per share, easily topping the $2.08 analysts forecast. Analysts typically exclude one-time charges from their estimates.

Revenue fell 36 percent to $8.84 billion, short of the $8.94 billion predicted by analysts.

The drop in revenue that a number of companies have reported is unnerving investors, who see it as a sign that the economic recovery is stalling. Banks, however, have their own revenue issues. Goldman's trading revenue fell along with that of competitors including JPMorgan Chase & Co. and Bank of America Corp. that were hit hard by the spring plunge in the stock market. The drop in their revenue is adding to investors' concerns about how new federal regulations will affect banks' ability to profit from trading operations.

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