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Little Dab of Fraud Will Do Ya (In)

Client Alert | 1 min read | 09.19.07

In an unusual remand from the en banc court back to the panel for a "do over," the Federal Circuit in Long Island Savings Bank, FSB v. U.S. (Sept. 13, 2007) reversed a $435 million verdict for the bank in this Winstar-type case because the bank, in its application materials, did not disclose that its CEO was violating federal banking regulations by having an interest in the law firm to which the bank sent all its mortgage business, with this common-law fraud making the contract void ab initio. Still unexplained, however, is why the panel felt obliged then to discuss whether the fraud was a prior material breach to the government's when the contract was void and its passing reference that there might be "other theories of recovery."

Insights

Client Alert | 10 min read | 07.03.25

Focus on Transnational Cartels Continues: FinCEN Targets Three Mexican Financial Institutions with Special Measures, Restricting Their Access to U.S. Financial System

The Orders represent FinCEN’s first actions using new special measures authority under the Fentanyl Sanctions Act and FEND Off Fentanyl Act of 2024 (codified at 21 U.S.C. § 2313a) (the “Fentanyl Act”) and continue the Trump Administration’s broader efforts against transnational cartels and narcotics trafficking....