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She also held that the claims were legally "plausible". However, Judge Koh ended up dismissing five of Brazil's causes of action for failing to plead fraud claims with "particularity" as required by Federal Rule of Civil Procedure 9(b).
Routine document destruction of this kind can be effective in defeating civil lawsuits since plaintiffs lawyers must plead fraud against accounting firms "with particularity," which is very difficult to do without access to the accountants' work papers or to underlying documents which may be long gone by the time a civil suit reaches its discovery phase.
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A well-plead fraud claim (although it may be difficult to prove at trial) will generally not be easily dismissed at the pleading stage of litigation.
Mr. Hubbell would later plead guilty to fraud charges and spend time in prison.
That scandal, by the way, led five previous C.F.O.'s to plead guilty to fraud.
The former judges are scheduled to plead guilty to fraud Thursday in federal court.
Bernie Madoff is set to plead guilty to fraud charges, according to his lawyer Ira Sorkin.
'RHONJ's' Teresa Giudice, husband Joe plead guilty to fraud.
Real Housewives' stars plead guilty to fraud charges in N.J.
[A1.] Exide Pleads Guilty in Fraud Case Exide pleaded guilty to fraud conspiracy charges and will pay a $27.5 million fine over five years to end a federal criminal investigation into auto battery sales to former customers of Sears, Roebuck.
Niemczyk plead guilty to welfare fraud in 1989.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com