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However, we believe the district court instinctively applied the test we have set forth above, although it used the term "fraud". It found that Appellant misused the LLC in order to improperly manipulate the situation to avoid paying for services which benefitted it, that it failed to maintain adequate separation, and that to allow it to do so would be unjust and inequitable.
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Justice Tom wrote that to hold otherwise "would encourage subterfuges as a means of improperly manipulating rent stabilization".
Several banks, including US Bank, Bank of America and JPMorgan Chase, have paid millions to settle accusations that they improperly manipulated debit card transactions to generate higher overdraft revenue.
Indian news reports said the government was investigating whether G.M. had improperly manipulated the weight and engine performance in the Tavera during emissions testing and certification.
For example, they said that Enron improperly manipulated the value of a large power contract it entered into in 1997 with the Tennessee Valley Authority.
The suits accuse companies of improperly manipulating retirement plans, which by law must be operated "solely and exclusively" for the benefit of workers and retirees.
That same day, the federal Department of Health and Human Services notified Tenet that it would be auditing its hospitals to see if the company had been improperly manipulating its outlier payments.
The two editors recognized the likelihood that images were being improperly manipulated when the journal required all illustrations to be submitted in digital form.
The committee concluded that data in the disputed research, published between 1998 and 2001, had been improperly manipulated, even fabricated, confirming suspicions raised by outside scientists in May.
Among other issues, the S.E.C. is looking into whether WorldCom improperly manipulated its financial reports to make its operations appear stronger than they were.
But an ever-widening series of inquiries suggests that many of these consumer-friendly investment vehicles have been improperly manipulated by Wall Street insiders.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com