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Bringing Sentencing Sanity to Operation Malicious Mortgage
The DOJ's announcement of “Operation Malicious Mortgage” (OMM) reflects a tidal wave of mortgage fraud prosecutions. Sentencings are rippling through federal courts in the nation's “top 10 mortgage fraud states” ' Florida, Georgia, Michigan, California, Illinois, Ohio, Texas, New York, Colorado, and Minnesota, and other significantly impacted states, including Arizona, Maryland, Utah, Nevada, Missouri, Indiana, Tennessee, Virginia, New Jersey, and Connecticut. See http://www.fbi.gov/publications/fraud/mortgage_fraud07.htm (FBI 2007 Mortgage Fraud Report).
Harsh sentences can be generated by a rote application of the U.S. Sentencing Guidelines in mortgage fraud cases. Everyone from low-level straw buyers to complicit appraisers, account managers, escrow officers and title insurers to mortgage brokers and bankers, underwriters and lawyers may face prison time. In most schemes grouped under the “mortgage fraud” umbrella, sentences will be driven by Guideline Sections 2B1.1(b)(1) (“loss”) and 1B1.3(a) (“relevant conduct”). See also USSG ” 2F1.1 (for frauds predating Nov. 1, 2001); 2S1.1 (money laundering); 2T1.1 (tax evasion).
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New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
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Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.