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· 9/10/2007

Mazzaro De Abreu v. Bank of America Corp.

Citations

  • 525 F. Supp. 2d 381
  • 2007 U.S. Dist. LEXIS 66597
  • 2007 WL 2609535

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that Bank of America had not “substantially assisted” a massive fraud, even though its accounts were used to perpetrate the scheme and it violated its own internal policies and federal regulations in approving fraudulent transactions
  • explaining that while patterns of bank transfers and low balances gave rise to inferences of fraud, they at most indicated constructive knowledge of a fraudulent scheme
  • dismissing aiding and abetting claim under New York law because plaintiff did not establish that defendant knew of the fiduciary relationship at issue
  • dismissing aiding and abetting claim under New York law because plaintiff did not establish that defendant knew of the fiduciary relationship at issue
  • finding actual knowledge where the plaintiffs alleged that a BOA employee suggested to the perpetrator of the fraud \that it `more effectively could conceal the fraud by opening a separate bank account.'\
  • finding actual knowledge where the plaintiffs alleged that a BOA employee suggested to the perpetrator of the fraud “that it ‘more effectively could conceal the fraud by opening a separate bank account.’ ”

Source: CourtListener parenthetical corpus (CC0).

Judges: McKENNA

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.