Car Buyers Lose Argument Over Seizure of 48 Cars | New York Law Journal

Car Buyers Lose Argument Over Seizure of 48 Cars | New York Law Journal: "More to the point, she said, the U.S. Court of Appeals for the Second Circuit has not adopted a convergence requirement as a bar to mail and wire fraud.
Finally, Failla rejected their claims that the government failed to plead a loss of money or property. She also found the misrepresentations made to the insurance companies to be legally sufficient to support mail and wire fraud charges.
Failla denied the defendants' claim she lacked jurisdiction over 36 of the 48 seized cars, eight of which were seized from Newark and 28 of which were seized at sea.
The judge also denied the companies' request for a probable cause hearing and instructed the parties to be back in court to schedule discovery on Feb. 10.
Robert Ray, Ely Goldin and Patrick Egan, partners at Fox Rothschild, represent the defendants.
Assistant U.S. Attorney Sarah Paul represents the government.
@|Mark Hamblett can be reached via email or on Twitter @MarkHamblett1.
Related Decisions:
United States of America, Plaintiff v. Any and all Funds on Deposit in Account Number 0139874788, at Regions Bank, Held in the Name of Efans Trading Corporation, et al., Defendants-in-rem, 13 Civ. 7983 (KPF)"



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