SSD/SSI claims properly again rejected on remand from 2017 denial… Kelley/Christensen affirmed. [Read more…]
Insurance, MMIA v. MSF
INSURANCE: Claims by MMIA that MSF and its broker illegally solicited business from municipalities precluded by Sherman Act and Robinson-Patman Act as they allege activity regulated by state law as part of the business of insurance… Morris. [Read more…]
Speedy trial, securities fraud, arrest avoidance
SPEEDY TRIAL claim by securities fraud Defendant properly denied where 411 of 650 days are attributed to him including 134 in which he hid in his hotel room avoiding arrest… H. Brown affirmed. [Read more…]
UTPA, private right, premiums rebate/excessive
UTPA: No private right of action under §§ 208 (rebate of premiums) & 212 (excessive premiums)… Sherlock affirmed. [Read more…]
Securities, churchman’s solar panel scheme
SECURITIES: Sufficient evidence that churchman failed to register as securities salesperson and failed to register a security in connection with solar panel scheme that fleeced disabled vet of $150,000… fraudulent practices conviction reversed because of instruction based on definition not in effect at the time… instruction on “willfully” did not create strict liability offense, 10 years all but 90 days suspended proper… $150,000 restitution proper despite acquittal of theft… Tucker affirmed, reversed. [Read more…]
Security fraud, reversal mandate
SECURITY FRAUD: Contention that remaining conviction should be vacated or limited to $500 fine exceeded remand mandate in reversal of 2 counts, properly rejected in resentencing to 10 years… Townsend affirmed (IOR I-3(d)). [Read more…]
Respondeat superior/negligent supervision, TICs
RESPONDEAT SUPERIOR/SUPERVISION claims against securities brokerage stemming from failed TICs time-barred as agent’s relationship not concealed… Sherlock/Reynolds affirmed. [Read more…]
Securities, Business Purpose Notes
SECURITIES: 2 of 3 counts of omitting facts relating to sale of a security violative of double jeopardy as based on same statutory elements, same transaction, remanded for resentencing… claim that Business Purpose Notes were not “securities” not [Read more…]
Securities, tenants-in-common investments
SECURITIES: Tenants-in-common investments are securities… McCarter reversed on supervisory control. [Read more…]
ERISA, Montana HIPPA, unfair discrimination
ERISA: Claim that Montana HIPAA prohibits requiring an individual to pay a premium greater than premiums of similarly situated [Read more…]