§Why CasetextPricing

United States of America v. Wells Fargo Bank, N.A.

MEMORANDUM OF LAW in Support re: 26 MOTION to Dismiss the First Amended Complaint.. Document

106 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,028 times   280 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,776 times   367 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,189 times   104 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  4. Dolan v. Postal Service

    546 U.S. 481 (2006)   Cited 639 times   2 Legal Analyses
    Holding that "negligent transmission" of postal matter "does not comprehend all negligence occurring in the course of mail delivery"

  5. Allison Engine Co. v. U.S. ex Rel. Sanders

    553 U.S. 662 (2008)   Cited 419 times   18 Legal Analyses
    Holding that an action under subsection requires a relater to allege "that the defendant intended that the false record or statement be material to the Government's decision to pay or approve the false claim"

  6. Schindler Elevator v. U.S. ex Rel. Kirk

    563 U.S. 401 (2011)   Cited 341 times   11 Legal Analyses
    Holding that the relator stated an FCA claim where the contractor “filed false ... reports, necessarily knowing that they were false because [it] in fact had no mechanism in place to identify covered [individuals]. It did so in order to procure contracts and obtain payment under existing contracts, as it could do neither without filing the reports.”

  7. Rombach v. Chang

    355 F.3d 164 (2d Cir. 2004)   Cited 1,391 times   5 Legal Analyses
    Holding that complaint may establish scienter through facts showing that defendants "had both motive and opportunity to commit fraud"

  8. Kramer v. Time Warner Inc.

    937 F.2d 767 (2d Cir. 1991)   Cited 1,990 times   1 Legal Analyses
    Holding that the Court may consider matters of which judicial notice may be taken under Federal Rule of Evidence 201

  9. Watson v. United States

    552 U.S. 74 (2007)   Cited 304 times   4 Legal Analyses
    Holding that a person does not use a firearm under 18 U.S.C. § 924(c) when he receives it in trade for drugs

  10. Acito v. Imcera Group, Inc.

    47 F.3d 47 (2d Cir. 1995)   Cited 1,132 times   1 Legal Analyses
    Holding that selling stock, by itself, insufficient to plead scienter, absent allegations that "stock sales were 'unusual'"

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 348,310 times   930 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,098 times   320 Legal Analyses
    Requiring that fraud be pleaded with particularity

  13. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,526 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

  14. Section 1341 - Frauds and swindles

    18 U.S.C. § 1341   Cited 13,445 times   104 Legal Analyses
    Relating to mail fraud

  15. Section 1343 - Fraud by wire, radio, or television

    18 U.S.C. § 1343   Cited 12,050 times   172 Legal Analyses
    Barring fraudulent schemes "for obtaining money or property"

  16. Section 1001 - Statements or entries generally

    18 U.S.C. § 1001   Cited 7,363 times   304 Legal Analyses
    Making false statements

  17. Section 3729 - False claims

    31 U.S.C. § 3729   Cited 6,768 times   630 Legal Analyses
    Holding liable "any person" who knowingly causes false claims to be presented

  18. Section 1344 - Bank fraud

    18 U.S.C. § 1344   Cited 4,943 times   60 Legal Analyses
    Defining the maximum prison terms for wire fraud that affects a financial institution and bank fraud, which define the penalties for the conspiracy crime that Anderson pleaded guilty to according to 18 U.S.C. § 1349, as "not more than 30 years"

  19. Section 1014 - Loan and credit applications generally; renewals and discounts; crop insurance

    18 U.S.C. § 1014   Cited 1,782 times   106 Legal Analyses
    Penalizing false statement to influence federal loan or credit agency

  20. Section 287 - False, fictitious or fraudulent claims

    18 U.S.C. § 287   Cited 1,375 times   35 Legal Analyses
    Penalizing false claims against U.S. government

  21. Section 203.255 - Insurance of mortgage

    24 C.F.R. § 203.255   Cited 11 times
    Providing that before endorsing a mortgage for insurance, the Secretary will review the application to ensure, among other things, that the lender has certified that “the proposed mortgage complies with HUD underwriting requirements”

  22. Section 203.5 - Direct Endorsement process

    24 C.F.R. § 203.5   Cited 11 times

    (a)General. Under the Direct Endorsement program, the Secretary does not review applications for mortgage insurance before the mortgage is executed or issue conditional or firm commitments, except to the extent required by § 203.3(b)(4) , § 203.3(d)(1) , or as determined by the Secretary. Under this program, the mortgagee determines that the proposed mortgage is eligible for insurance under the applicable program regulations, and submits the required documents to the Secretary in accordance with

  23. Section 202.5 - [Effective until 5/23/2024] General approval standards

    24 C.F.R. § 202.5   Cited 9 times   3 Legal Analyses

    To be approved for participation in the Title I or Title II programs, and to maintain approval, a lender or mortgagee shall meet and continue to meet the general requirements of paragraphs (a) through (n) of this section (except as provided in § 202.10(b) ) and the requirements for one of the eligible classes of lenders or mortgagees in §§ 202.6 through 202.10 . (a)Business form. (1) The lender or mortgagee shall be a corporation or other chartered institution, a permanent organization having succession

  24. Section 25.2 - Establishment and authority of Board

    24 C.F.R. § 25.2   Cited 2 times

    (a)Establishment of the Board. The Mortgagee Review Board (Board) was established in the Federal Housing Administration, which is in the Office of the Assistant Secretary for Housing-Federal Housing Commissioner, by section 202(c)(1) of the National Housing Act (12 U.S.C. 1708(c)(1) ), as added by section 142 of the Department of Housing and Urban Development Reform Act of 1989 (Pub. L. 101-235 , approved December 15, 1989). (b)Authority of the Board. The Board has the authority to initiate administrative

  25. Section 25.5 - Administrative actions

    24 C.F.R. § 25.5   Cited 1 times

    (a)General. The Board is authorized to take administrative actions in accordance with 12 U.S.C. 1708(c) , including, but not limited to, the following: issue a letter of reprimand, probation, suspension, or withdrawal; or enter into a settlement agreement. (b)Letter of reprimand. A letter of reprimand shall be effective upon receipt of the letter by the mortgagee. Failure to comply with a directive in the letter of reprimand may result in any other administrative action that the Board finds appropriate