The employment-based fifth preference category (EB-5) visa program was initially created by the Immigration Act of 1990 for the express purpose of creating new jobs for U.S. workers and boosting the U.S. economy via an influx of new foreign capital. The program provides a method by which wealthy...
The Supreme Court of Canada recently found two banks liable in conversion for a $5.5 million check fraud carried out by a former employee of a major pharmaceutical company. The decision stands as the court’s most recent consideration of the “fictitious or non-existent” payee defense to the tort of...
Unfortunately, theft from charitable organizations is neither rare nor insignificant. The Internal Revenue Service, which began collecting diversion data in 2008 from the larger nonprofits that are registered with the agency, reported that 285 diversions involving total losses of more than $170...
Fraudulent conveyance is a legal concept involving the transfer of property for less than equivalent value to defeat a creditor’s ability to collect from its debtor. Whether a fraudulent conveyance has occurred is highly dependent on the facts and circumstances of the case. For example, if someone...
The Panama Papers continue to shine a new light on the hidden world of money laundering, providing important details on how overseas shell corporations can be used to make dirty money look clean. Each new revelation gives federal agencies more ammunition in their fight against this brand of...
Distress visits everyone. In business, distress may lead to a spiral of disadvantageous transactions, litigation, arbitration, a visit to Bankruptcy Court, and even less pleasant adversity. Even with best intentions and extraordinary efforts, following the usual pathways can limit options. That...
The fundamental principle that assets and liabilities of a company are generally separate and apart from those of its owners is something that most first-year law students, as well as most business owners, know. 1 Indeed, the insulation that the rule provides owners from potential liability of...
