commingling evidence means what in a corporate setting

297 results for commingling evidence means what in a corporate setting

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  • Nexus Rethought: Toward a Rational Factual Standard for Federal Criminal Forfeitures

    Numerous federal statutes authorize the government to seek forfeiture of a criminal defendant's property after conviction. Under each of those statutes, the government must establish, by a preponderance of the evidence, that there is a factual nexus between the defendant's criminal conduct and the property to be forfeited. Courts have struggled to articulate a standard for judging whether the...

  • A Market Approach to Regulating the Energy Revolution: Assurance Bonds, Insurance, and the Certain and Uncertain Risks of Hydraulic Fracturing

    The United States faces a critical moment in environmental regulation. As tens of thousands of new unconventional, hydraulically fractured oil and gas wells spring up around the United States, we face a long-term threat of significant soil and water contamination. The current patchwork of state "command and control" regulations fails to prevent this contamination. Even in states with...

  • Crowdfunding

    ...(a)(1) and Exchange Act Section 3(a)(10) (setting forth the definition of a ``security'' under the ... rules further provide intermediaries a means by which to facilitate the offer and sale of ...See also Adrianne Jeffries, This is What a Kickstarter Scam Looks Like, BetaBeat (Apr. 30, ..., or is seeking funding for unspecified corporate transactions. In such cases, individuals ... business or professional licenses, evidence of corporate good standing, uniform commercial ... can then use as a front company for commingling illicit and legitimate assets. They can then take ...

  • Regulation of Fuels and Fuel Additives: Changes to Renewable Fuel Standard Program

    ...K. Production Outlook Reports. L. What Acts Are Prohibited and Who Is Liable for ...Current State of the Industry b. Setting the 2010 Cellulosic Biofuel Standard c. Current ... for this rule, EPA weighed all of the evidence available to it, while placing the greatest ... with international indirect land use change means we should use our modeling results but exclude ...DDCE Director of Corporate Communications, Jennifer Hutchins and follow-up ... RFS-FRFUEL that prohibit the commingling of RFS-FRFUEL with Non-RFS-FRFUEL or RFS-FRFUEL ...

  • The Ralston-Landreth-Gustafson Harmony: A Security!
  • The Ralston-Landreth-Gustafson Harmony: A Security!
  • 915 F.3d 643 (9th Cir. 2019), 17-35597, Depot, Inc. v. Caring for Montanans, Inc.

    ... plans and their beneficiaries’ by setting. out substantive regulatory requirements ... of what is sometimes referred to as a "functional". ... corporate capacity.’ Only the former triggers fiduciary. ...1983), which means. that the insurance company is "free to ...with a different fund,". the "commingling allow[s] the plaintiff to recover the. ... there is evidence to show the amount of the low balance, the. ...

  • 776 F.2d 678 (7th Cir. 1985), 84-1639, United States v. Keplinger

    ... appeal, claiming insufficiency of the evidence, and a multitude of trial errors. We affirm. ... mortality of research animals and commingling of original and later-started research animals; ... that his responsibilities included setting up the rats for the blood and urine tests but ... the memo presents no hearsay problems whatever. Our review of the record indicates that the ... to the opposite effect. But this only means that there was a real issue as to whether ... and Current, and that IBT waived its corporate attorney-client privilege as to all matters ...

  • Shale in Sale-Adaptive Resolution of Mineral Rights Disputes Through Warranty Law and Veil-Piercing Remedies
  • Morrison, the restricted scope of Securities Act section 11 liability, and prospects for regulatory reform.

    ...What then does section 11's tracing requirement ... of the CUSIP numbering system and the commingling that occurs through the clearance and settlement ... all practicality, as there is no feasible means to distinguish registered stock from non ...If tracing requires evidence of a provenance originating from a domestic ...; Senior Faculty, The Rock Center for Corporate Governance, Stanford University; Commissioner, .../xslEFFECTX01/primary_doc.xml (setting the effectiveness date at Nov. 6, 2013). . (46.) ...

  • 396 U.S. 375 (1970), 64, Mills v. Electric Auto-Lite Co.

    ... of proxies that authorized a corporate merger. Pp. 381-385. .         (a) ... burden of rebutting the corporation's evidence of fairness would discourage them from the ...The question with which we deal is what causal relationship must be shown between such a ...'s management of all proxies obtained by means of an allegedly misleading proxy solicitation; ...Possible forms of relief will include setting aside the merger or granting other equitable ...If commingling of the assets and operations of the merged ...

  • 894 F.3d 568 (3rd Cir. 2018), 16-3432, Clientron Corp. v. Devon IT, Inc.

    ... has argued that Devon IT’s corporate veil should be pierced,. and that the two ... Second, it excluded Devon IT’s evidence supporting its. defense that the ... commingling of funds. App. 58. "One possible. ...           Here,. setting aside the Appellees’ discovery misconduct, we ... means of imposing the sanction. Rule 37(b)(2)(A) ...

  • Bias in environmental agency decision making.

    ... as a prohibition against improper commingling of functions, reflects concerns that a prosecutor ... process challenge the party must show evidence of bias or an intolerably high risk of unfairness ... the appearance of impartiality and merit setting aside an agency decision. In Koniag, Inc. v. ...." (335) In most instances, this means that the plaintiff needs direct, on-the-record ... tax assessment board determined whether, in what amount, and upon whom a property tax should be ...when an individual plaintiff faced a corporate defendant"). . (335) Withrow v. Larkin, 421 U.S. ...

  • The new corporate web: tailored entity partitions and creditors' selective enforcement.

    ...(100) Commingling funds within one legal entity will likely be ... the relatively rare case of fraud will be what it can do with the signals of non-fraud risk that ...While the word "insolvency" means different things in different places, here we ... Freeriders in Commercial and Corporate Settings, 92 YALE L.J. 49 (1982); Posner, supra note 1; ... Even when direct negotiations occur, the evidence of a creditor's control may be difficult to find. ...

  • 529 F.3d 371 (7th Cir. 2008), 07-1660, Judson Atkinson Candies, Inc. v. Latini-Hohberger Dhimantec

    ..., inadmissible under Federal Rule of Evidence 1006 . (R. 235 ¶¶ 22-30.) In addition, CIC and ...    Judson Atkinson claims that LMC's corporate veil should be pierced to hold CIC, Carroll, ... (7) absence of corporate records; (8) commingling of funds; (9) diversion of assets from the ... been directed to the necessity of relief by means other than a motion," Pierson, 484 F.3d at ... court did not make clear that it was setting aside the entry of default for good cause or ... where “court [was] left to speculate what specific precautions were taken by counsel to ...

  • 880 F.3d 620 (2nd Cir. 2018), 16-3637-cv, Klipsch Group, Inc. v. ePRO E-Commerce Ltd.

    ... consistently presented evidence that the sales of the. relevant products ... a priori means of identifying those transactions. . . ... communication, were listed on their corporate" email. signatures. . .    \xC2"...Moreover, ePRO’s evidence on commingling was. contested and to some extent ... .           In. what has been styled a cross-appeal but might be ... amount in controversy as a factor in setting a proper. discovery sanction); Qualcomm ...

  • THE RIGHT FAMILY.

    ..., mostly white, Christian, and corporate, status as member of a family is elevated to ify what might otherwise appear to be undesirable ...'s anti-Muslim statements and the evidence that the ban was unnecessary for national ...Put differently, the right to marry means little if individuals cannot enjoy the benefits ... labeled a criminal in a formal court setting). . (122) See Sarah Herman peck, Cong, research ...) (stating that when there has been commingling of funds "courts disregard the separateness of ...

  • Tax violations.

    ... if the contact occurs in a non-custodial setting. (16) . b. Substantive Rights and IRS Internal ... follow internal procedures may provide evidence that a taxpayer's constitutional rights were ...Courts disagree about what constitutes a sufficient tax deficiency under ...(65) . The most accurate means of proving a deficiency by direct evidence is the ... of the individual's control over corporate affairs than with the individual's title or job ...2012) (holding that commingling business and personal accounts and cashing checks ...

  • Tax violations.

    ... if the contact occurs in a non-custodial setting. (17) . b. Substantive Rights and IRS Internal ... follow internal procedures may provide evidence that a taxpayer's constitutional rights were ...Courts disagree about what constitutes a sufficient tax deficiency under ...(68) . The most accurate means of proving a deficiency by direct evidence is the ... where defendant deducted $10,000 in corporate expenses on his personal return); Wilson, 118 ...2012) (holding that commingling business and personal accounts and cashing checks ...

  • 253 F.3d 34 (D.C. Cir. 2001), 00-5212, United States v. Microsoft Corp.

    ... Sherman Act by employing anticompetitive means to maintain a monopoly in the operating system ...Although we find no evidence of actual bias, we hold that the actions of the ... .          What is somewhat problematic, however, is that just ... to the District Court's findings of fact, setting them aside only if clearly erroneous. Fed R. Civ. ... a default browser other than IE; and commingling code related . . to browsing and other code ...Findings of Fact p 151 (noting that "corporate consumers .. prefer to standardize on the same ...

  • 330 U.S. 258 (1947), 759, United States v. United Mine Workers or America

    ... fine to be imposed as a punishment or as a means of securing future compliance, consider the ...The rule issued, setting November 25 as the return day, and, if at that ... have been permitted to "organize in the corporate and other forms of ownership association," and on ... was that the latter "does not know what extensions will be made." A vote was then taken ..., excessive, and in no way related to the evidence adduced at the hearing.        Sentences ... case, supra, with a proceeding commingling civil and criminal features, such as we have ...

  • Fixing merger litigation 'fixes': reforming the litigation of proposed merger remedies under section 7 of the Clayton Act.

    ... Act section 7 merger cases to present evidence of proposed unilateral "fixes." (9) The fixes ... States and the parties further eroded whatever precedential value its mooted partial ruling ... articles crowing about their precedent-setting victories on behalf of future merger defendants ... the early 1900s, public concern about corporate size and strength grew, and lawmakers introduced ...[t]he commingling of quasi-legislative, quasi-judicial, and ... the continuing protection of the public, by means of contempt proceedings, against a recurrence of ...

  • 584 F.3d 351 (1st Cir. 2009), 07-1044, United States v. Garcia-Pastrana

    ... issues concerning the sufficiency of the evidence, the jury instructions, trial procedure, and ... b. commingling instruction 383 . c. " legal ... a. sophisticated means 392 . b. $1,000,000 in gross ... 2002, Lugo sent the OIC a letter attaching what he claimed was the " contract" under which the ... neither the Union nor the Plan passed a corporate resolution authorizing the contract; and (6) the ...52(a) (setting" forth harmless error standard). 37 . .    \xC2"...

  • Aircraft Service International Group, Inc. v. Central Florida Pipeline LLC, 112119 FERC, OR16-26-000

    ... Findings of Fact and Weighing of the Evidence. ........................ 163. . . ... setting the proceeding for hearing. 15 The Commission ... 61 . (c) commingling within the tanks, 62 (d) advance arrangements. ... precedent reviewing transportation, by any means, following. an initial foreign or ... of a corporate structure created and executed to transport. ... Trial Staff questions what it claims is a central tenet of. ...