The Soapbox

southdenverhoo

Joined: 10/11/2001 Posts: 13245
Likes: 17816


If I understood correctly, and I may not have, the penalty was disgorgement


of “ill gotten gains.”

Which again, IIUC, the judge calculated as profits which would have not been obtained, absent the fraud.

How he calculated that, and whether he calculated it a) correctly and b) in accordance with the law, and c) in a manner supported by the evidence educed at trial, comprises the issues to be determined on appeal. The “nobody-was-damaged” issue, I think, already went up on interlocutory appeal and was found not to be a defense under NY law, IIRC.

I’m remembering that quite a bit of it involved the hotel in the Old Post Office building in DC, and frankly the amount surprised me. I wonder if there’s some vulnerability there?

There’s a big difference between “without the fraud the deal wouldn’t have been done” and “without the fraud the interest rate would have been 1.3% higher.”

(In response to this post by hoolstoptheheels)

Posted: 03/24/2024 at 10:32AM



+1

Insert a Link

Enter the title of the link here:


Enter the full web address of the link here -- include the "http://" part:


Current Thread:
 
  
Coming soon to a court in NYS. -- HowieT3 03/23/2024 11:09AM
  He has two days to come up with the money ** -- WahooMatt05 03/23/2024 11:27AM
  Take a look at this NewsHour piece from yesterday. -- hoolstoptheheels 03/23/2024 11:34AM
  No victim? -- WahooMatt05 03/23/2024 2:54PM
  Nope. That’s not a slam dunk conclusion at all. -- hoolstoptheheels 03/23/2024 3:32PM
  Let's find that AP study. ** -- DanTheFan 03/23/2024 12:41PM
  That, you made up. ** -- hoolstoptheheels 03/23/2024 1:04PM
  TDSers are "gonna re-elect the MFer". ** -- Hoodafan 03/23/2024 11:50AM

Notice: Trying to get property 'queue' of non-object in /data/www/sportswar.com/wp-includes/script-loader.php on line 2781

Warning: Invalid argument supplied for foreach() in /data/www/sportswar.com/wp-includes/script-loader.php on line 2781
vm307