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Court Dismisses Eight of Thirteen Felony Charges Against Former Public Executive

Sat 27th Jul 2013, Blog, Case Successes

Following a week-long preliminary hearing in which Jim D. Riddet of Bienert | Katzman represented a former Orange County Public Works Executive, the court dismissed eight of thirteen felony counts against his client, ruling that there was insufficient evidence to require the defendant to stand trial. Over the course of the preliminary hearing, Mr. Riddet was able to establish through cross examination of prosecution witnesses that many of the charges were not even supported by probable cause. …

Lesser Sentence for Business Owner, Struggling to Keep Business Afloat

Wed 27th Feb 2013, Blog, Case Successes

A federal judge in Orange County, California, acknowledged the pressure of trying to maintain a struggling business during the economic recession of 2008 as a factor to consider in imposing sentence in a business fraud case. On February 25, 2013, U.S. District Judge Cormac J. Carney sentenced Cheryl Fu to 36 months based on her guilty plea to bank fraud. Government attorneys had argued for a higher sentence of 46 months in prison. Counsel for …

Marc S. Kirschner, as Trustee of the Yellowstone Club Liquidating Trust v. Timothy Blixseth

Thu 1st Nov 2012, Blog, Case Successes

Representing the trustee of the liquidating trust formed under the bankruptcy reorganization plan of the Yellowstone Mountain Club, LLC, Steven Jay Katzman and Tony Bisconti, along with co-counsel in Texas and West Virginia, successfully defended against a counterclaim filed by the former president and CEO of the club alleging breach of contract, conspiracy, and RICO violations, and seeking six billion dollars in damages. The court ordered the dismissal of the counterclaim, with prejudice, along with denial of a …

United States v. Sou

Wed 27th Jul 2011, Blog, Case Successes

Thomas H. Bienert, Jr. and Anne Uyeda scored a significant victory for their client in the human trafficking prosecution of prominent Hawaii farm owners Alec and Mike Sou. After one week of trial in the United States District Court for the District of Hawaii, the government moved to dismiss the indictment after determining it could not meet its burden of proof. Read blog →

In re South Coast Oil Corporation

Mon 16th May 2011, Blog, Case Successes

Steven Jay Katzman and Anne Uyeda, representing a prominent Oil & Gas Company and two of its principals, successfully obtained the discharge of an Order to Show Cause for the alleged violation of a Temporary Restraining Order. Read the Bankruptcy Court Statement of Decision here →

Curran v. Curran

Thu 3rd Jun 2010, Blog, Case Successes

Steven Jay Katzman and Ariana Seldman Hawbecker successfully obtained a non-dischargeable judgment related to misrepresentations between former spouses related to acquisition and sale of residence. See the Judgment here →

Federal District Court Orders the United States Secret Service to Return Over One Million in Embezzled Tax Refunds to a Federal Bankruptcy Trustee

Sat 27th Mar 2010, Blog, Case Successes

On a motion brought by Bienert | Katzman, a federal district court judge in San Diego, California, ordered the return of over $1 million in embezzled tax refunds belonging to the bankruptcy estate of SLE Metal, Inc., which had been seized by the United States Secret Service in March 2010. The Secret Service held the funds for over three years, despite several requests for return of the funds by the federal bankruptcy Trustee of the …

Diversified Trust Deed Fund v. Stanley E. Fulton

Fri 27th Nov 2009, Blog, Case Successes

Litigating a case of first impression on interpretation of reasonably equivalent value under the Nevada Uniform Fraudulent Transfer Act in cases alleging actual fraud, Steven Jay Katzman and Luis Feldstein, along with Nevada co-counsel, successfully defended a lawsuit brought by the liquidating agent and manager of a mortgage company against a prominent Las Vegas resident, accused of receiving a fraudulent conveyance and receipt of stolen property. Summary Judgment was successively obtained against the Fund in favor of our …

Spear v. Cyprus

Fri 27th Nov 2009, Blog, Case Successes

Thomas H. Bienert, Jr. and Luis A. Feldstein secured the dismissal with prejudice of a federal civil action in the U.S. District Court for the Central District of California. The complaint made baseless claims that Bienert | Katzman’s client had defrauded mortgage lenders through the use of straw buyers to purchase properties. After the plaintiff’s initial complaint was dismissed for failure to state a claim and on other grounds, the plaintiff filed two amended complaints …

Court Denies Trustee’s Attempt to Deprive Fraud Victim of Funds Seized From Defendant

Mon 27th Jul 2009, Blog, Case Successes

Sixteen years after Dr. Ronald Cunning obtained a multi-million dollar judgment against Lloyd Rucker, a federal court once again ruled the victim can take steps towards collecting over $1million that was seized from Rucker 8 years ago.  This victory is just the latest hurdle of many that Dr. Cunning and his tenacious team of trial lawyers led by Thomas H. Bienert, Jr. at Bienert | Katzman have overcome.  After being defrauded in 1994, Dr. Cunning obtained a verdict …