Aiding And Abetting Liability

111 Florida cases classified under this topic · sorted by citation count · browse and sort

• United States v. Chavez-Gutierrez
  961 F.2d 1476· 9th Cir.· 1992-04-24 ·cited 7×
  The court held that the district court erred in calculating the defendant's offense level by including drug quantities from prior transactions without making a finding that the defendant was accountable for those acts.
• K & S P'ship v. Cont'l Bank, N.A.
  952 F.2d 971· 8th Cir.· 1991-12-06 ·cited 7×
  The court held that Continental Bank did not provide substantial assistance to Eagle's alleged securities fraud, and thus could not be held liable for aiding and abetting. The court reversed the jury verdict on secondary liability claims and affirmed the judgment notwithstanding
• Ackerman v. Schwartz
  947 F.2d 841· 7th Cir.· 1991-11-14 ·cited 6×
  An attorney providing a tax opinion letter is not liable under Section 12 of the Securities Act of 1933 as a 'seller' and is not liable for aiding and abetting. Liability under Section 10(b) and Rule 10b-5 may exist for fraud if the attorney acted recklessly and the letter was di
• Robin v. Arthur Young & Co.
  915 F.2d 1120· 7th Cir.· 1990-10-04 ·cited 6×
  The court held that plaintiffs failed to adequately allege scienter, a required element for aiding and abetting liability under federal securities laws.
• United States v. Armond Gaylord Oliphant
  525 F.2d 505· 9th Cir.· 1975-10-14 ·cited 6×
  The court held that the admission of evidence of prior misconduct and the jury instruction on aiding and abetting were not erroneous.
• Cannon v. State
  18 So. 3d 562· Fla. 1st DCA· 2009-01-12 ·cited 5×
  Where a defendant participates in planning an armed robbery and a murder results from forces set in motion by that plan, an independent act instruction is not appropriate even if a different victim is killed, because such a killing is a foreseeable consequence of armed robbery.
• Boston v. United States
  939 F.3d 1266· 11th Cir.· 2019-09-30 ·cited 4×
  The Eleventh Circuit held that Florida convictions for aiding and abetting armed robbery qualify as violent felonies under the Armed Career Criminal Act's elements clause, affirming the denial of the defendant's motion to correct his sentence.
• Penton v. State
  262 So. 3d 253· Fla. 2d DCA· 2018-12-28 ·cited 4×
  The court reversed the denial of claims one and three of Penton's rule 3.850 motion, finding that his allegations of ineffective assistance of counsel were facially sufficient and not conclusively refuted by the record, and remanded for further proceedings on those claims.
• United States v. Jessee Dean Cavanaugh
  948 F.2d 405· 8th Cir.· 1991-10-07 ·cited 4×
  The court held that the jury instructions erroneously considered assault a lesser included offense of murder and improperly foreclosed the jury from considering an assault that did not result in death, thus barring retrial on double jeopardy grounds.
• Aberbach v. Wekiva Assocs., Ltd.
  735 F. Supp. 1032· S.D. Fla.· 1990-04-06 ·cited 3×
  The court denied most defendants' motions to dismiss securities fraud claims, finding that plaintiffs sufficiently pleaded primary and secondary liability under Section 10(b) and Rule 10b-5, but granted the Trustee's motion to dismiss the primary liability claim against him.
• Auslender v. Energy Mgmt. Corp.
  832 F.2d 354· 6th Cir.· 1987-11-02 ·cited 3×
  The court held that the plaintiff failed to adequately plead the statute of limitations for claims under Sections 11 and 12(2) of the Securities Act of 1933, but did adequately plead fraud with the specificity required by Fed.R.Civ.P. 9(b) for claims under Section 10(b) of the Se
• Cosmopolitan Credit & Inv. Corp. v. Blyth Eastman Dillon & Co.
  507 F. Supp. 954· S.D. Fla.· 1981-02-23 ·cited 3×
  The court held that the defendant was a bona fide purchaser of the GNMA certificates and therefore not liable for conversion, and also granted summary judgment on the 10b-5 claim.
• THE Est. of Carol Desantis v. Skyline Healthcare
  328 So. 3d 374· Fla. 2d DCA· 2021-10-06 ·cited 2×
  The appellate court reversed a trial court's dismissal of a complaint with prejudice, holding that the plaintiff was entitled to amend their complaint once as a matter of course before a responsive pleading was filed. This decision clarifies the procedural right to amend pleading
• Lensky Jeanbart v. State
  299 So. 3d 3· Fla. 4th DCA· 2020-04-01 ·cited 2×
  The trial court erred by instructing the jury to disregard evidence that was actually admitted during trial when Defendant argued his lack of intent during closing argument, and by admitting a 9mm firearm bearing Defendant's DNA that had no sufficient nexus to the crimes charged.
• In re Chiquita Brands Int'l, Inc.
  792 F. Supp. 2d 1301· S.D. Fla.· 2011-06-03 ·cited 2×
  The court found that the Anti-Terrorism Act does not preclude Alien Tort Statute claims for terrorism by non-U.S. nationals, and that the ATS may recognize claims for terrorism if they meet specific international law criteria.
• Cordova v. Lehman Bros., Inc.
  526 F. Supp. 2d 1305· S.D. Fla.· 2007-12-07 ·cited 2×
  The court held that the plaintiffs' allegations failed to meet the particularity requirements for fraud claims under Section 10(b) and Rule 10b-5, and that the Liberty Trust constituted a one-time investment decision, rendering post-investment statements non-actionable.
• United States v. Morrison
  972 F.2d 269· 9th Cir.· 1992-08-05 ·cited 2×
  A prior conviction for malicious destruction by use of explosives qualifies as a crime of violence for career offender sentencing, even if the defendant was an aider and abettor and the offense primarily involved property damage.
• Citibank, N.A. v. K-H Corp. & Kelsey-Hayes Co.
  968 F.2d 1489· 2d Cir.· 1992-06-25 ·cited 2×
  The court held that the plaintiff failed to adequately plead loss causation for federal securities law claims and proximate causation for common law fraud claims, thus affirming the dismissal of the complaint.
• United States v. Jordan
  927 F.2d 53· 2d Cir.· 1991-02-14 ·cited 2×
  A defendant can be liable as an aider or abetter of a 'causer' and as a co-conspirator under the Pinkerton theory, even when the principal's liability is based on causing an act to be done under 18 U.S.C. § 2(b).
• United States v. Odom
  736 F.2d 150· 5th Cir.· 1984-06-25 ·cited 2×
  A defendant can be convicted of aiding and abetting a violation of 18 U.S.C. § 1027 even if they are an employee and not an employer, as long as they procured or induced the violation.
• Maxime C. Baretge v. Barnett
  553 F.2d 290· 2d Cir.· 1977-04-14 ·cited 2×
  The court held that the district court erred in dismissing the securities fraud claims based on a misinterpretation of the purchaser-seller requirement under Rule 10b-5.
• Sec. & Exch. Comm'n v. Barraco
  438 F.2d 97· 10th Cir.· 1971-03-05 ·cited 2×
  The court held that the Securities and Exchange Act of 1934 grants courts the inherent equitable power to enjoin individuals who aid and abet violations, not just the primary violators.
• Martesha Williams Johnson v. State
  397 So. 3d 1209· Fla. 1st DCA· 2024-12-11 ·cited 1×
  The trial court did not abuse its discretion in admitting evidence about Johnson's AR-15 and ammunition because the evidence was relevant to show she provided ammunition to the shooter and was not unduly prejudicial. An ineffective assistance of counsel claim based on failure to
• Ramirez v. State
  392 So. 3d 156· Fla. 4th DCA· 2024-08-07 ·cited 1×
  The failure to include Standard Jury Instruction 3.7 regarding reasonable doubt and the presumption of innocence in the final jury charge constitutes fundamental error requiring reversal and a new trial, even when the trial court provided similar instructions during voir dire and
• Yacht Club on the Intracostal Condo. Ass'n v. Lexington Ins.
  760 F. Supp. 1239· S.D. Fla.· 2013-05-10 ·cited 1×
  The court held that the plaintiff's failure to provide prompt notice of the loss, and its subsequent failure to rebut the presumption of prejudice to the insurer, warranted summary judgment for the defendant.
• In re Cascade Int'l Sec. Litig.
  894 F. Supp. 437· S.D. Fla.· 1995-06-27 ·cited 1×
  The court held that a defendant accountant's failure to publicly correct a company's potentially misleading SEC filing, absent a duty to disclose, does not constitute a primary violation of Section 10(b) after the Supreme Court's decision in Central Bank.
• Walco Invs., Inc. v. Thenen
  881 F. Supp. 1576· S.D. Fla.· 1995-02-16 ·cited 1×
  The court held that plaintiffs' allegations were sufficient to survive motions for judgment on the pleadings and to dismiss, as further factual development was needed to determine if a duty to disclose existed under Section 10(b) and Rule 10b-5, and if plaintiffs were intended th
• United States v. Alexander
  11th Cir.· 2026-03-24
  The Eleventh Circuit affirmed a conviction for making a false statement to Medicare but vacated the restitution order. The court found sufficient evidence for the conviction, including that the false statement about ownership was material and that the defendant aided and abetted
• United States v. Bouie
  11th Cir.· 2025-12-22
  The court held that completed Hobbs Act robbery remains a crime of violence under 18 U.S.C. § 924(c)(3)(A) after United States v. Taylor, and thus can serve as a valid predicate offense for § 924(c) convictions.
• Panzarino v. The Goodkind Grp., LLC
  M.D. Fla.· 2025-11-14
  The court held that it lacked subject matter jurisdiction over the plaintiff's New York State Human Rights Law claims because the plaintiff, a Florida resident, failed to sufficiently allege the "impact requirement" by demonstrating she was denied the opportunity to work or live
• Penny v. State
  Fla. 2d DCA· 2025-10-01
  To convict a defendant as a principal to a crime, the State must prove both that the defendant had a conscious intent that the crime be committed and that the defendant committed some overt act or uttered words intended to incite, cause, encourage, assist, or advise another to co
• Neiman Nix v. The Off. of the Comm'r of Baseball
  Fla. 3d DCA· 2025-04-23
  Claims are barred by res judicata when they arise from identical facts and involve the same parties, even if a new individual defendant is named, provided that defendant is alleged to be an employee or agent of the original party defendant acting on its behalf.
• Letidas Logistics LLC v. Citibank, N.A.
  S.D. Fla.· 2024-11-19
  The court held that Plaintiff failed to plead facts showing Citibank had actual knowledge of the Ponzi scheme, thus dismissing the aiding and abetting claims, but plausibly pleaded a claim for unjust enrichment.
• Stone v. United States
  M.D. Fla.· 2024-04-30
  The court held that the petitioner's claims were procedurally barred and lacked merit, denying his motion to vacate his sentence.
• Sec. & Exch. Comm'n v. Taronis Techs., Inc.
  M.D. Fla.· 2023-08-31
  The SEC brought a civil enforcement action against Taronis Technologies and its executives for securities fraud, accounting violations, and filing false financial statements, alleging they engaged in a scheme to improperly recognize revenue and attract investors through fraudulen
• Knowles v. State
  Fla. 1st DCA· 2022-04-13
  Trial counsel was not ineffective for advising Knowles not to testify, failing to renew an objection to consciousness of guilt evidence, or allegedly conceding guilt during closing arguments, and cumulative error cannot be established absent underlying error.
• Jaquez Tuijay Smith v. State
  Fla. 5th DCA· 2022-02-01
  A defendant who has prior knowledge of a criminal plan, is present during the crime, and assists in the getaway by driving the perpetrator and stolen property away is a principal to the crime and may be convicted based on such evidence.
• BG Strategic Advisors, LLC v. Freighthub, Inc.
  S.D. Fla.· 2021-06-24
  The court held that the counterclaims for violation of the Investment Advisers Act of 1940, breach of fiduciary duty, unjust enrichment, and declaratory judgment were sufficiently pled to survive a motion to dismiss, but the claim for aiding and abetting a violation of the IAA wa
• Commodity Futures Trading Comm'n v. Fingerhut
  S.D. Fla.· 2021-01-07
  The CFTC sued defendants for operating fraudulent binary options and digital assets affiliate marketing schemes that generated millions of dollars in illegal profits through false solicitations and materially misleading promotional content promising guaranteed profits. The court
• U.S. Sec. & Exch. Comm'n v. Spartan Sec. Grp., Ltd.
  M.D. Fla.· 2020-12-28
  The SEC sued Spartan Securities Group and related defendants for operating microcap fraud schemes involving shell companies from 2009 to 2014, alleging violations of securities laws relating to false statements in Form 211 and DTC applications and the distribution of unregistered
• Feng v. Walsh
  S.D. Fla.· 2020-09-14
  Foreign nationals who invested millions of dollars in an EB-5 immigrant investor program allegedly run by Joseph Walsh sued the defendants for fraud, alleging their investment funds were diverted through a fraudulent "fake escrow account" at PNC Bank instead of being used for the
• Quintae Davouris Hudson v. State
  Fla. 1st DCA· 2019-08-14
  A defendant's boilerplate motion for judgment of acquittal that fails to identify specific elements lacking evidence or explain why circumstantial evidence is inconsistent with the defense theory does not preserve sufficiency-of-evidence arguments for appeal. Even under fundament
• Sec. & Exch. Comm'n v. BIH Corp.
  M.D. Fla.· 2014-03-13
  The court held that genuine issues of material fact remained regarding defendant Hayter's involvement in selling unregistered securities, committing fraud, and aiding and abetting fraud, thus denying the SEC's motion for summary judgment on those counts.
• Wiand v. Wells Fargo Bank, N.A.
  1990 WL 185716· M.D. Fla.· 2013-04-05
  The court granted in part and denied in part the motion to dismiss, dismissing aiding and abetting claims and negligence claims for non-customer funds, but upholding fraudulent transfer and unjust enrichment claims against Wachovia.
• Wiand v. Cloud
  1989 WL 133746· M.D. Fla.· 2013-01-23
  The court adopted the magistrate judge's report and recommendation, granting summary judgment for the Receiver and denying prejudgment interest, finding that the defendant received 'false profits' from a ponzi scheme.
• Garcia v. Chapman
  154 F. Supp. 2d 217· S.D. Fla.· 2012-11-28
  The court held that the plaintiffs sufficiently alleged state action for their Alien Tort Statute claims by alleging that representatives of the Cuban government committed the violations, and that the defendant could be held secondarily liable for conspiracy and aiding and abetti
• Brandon v. MedPartners, Inc.
  892 F. Supp. 676· S.D. Fla.· 2001-09-20
  The court held that the arbitration provisions of the agreement, incorporating AAA rules, grant arbitrators the authority to decide arbitrability, including the anticipatory breach claim.
• Time Warner Entertainment/Advance-Newhouse P'ship v. Worldwide Elecs., L.C.
  50 F. Supp. 2d 1288· S.D. Fla.· 1999-01-26
  The court held that the sale of non-addressable, fully descrambling cable television decoders, especially those with 'bullet-busting' capabilities and accompanied by a money-back guarantee, demonstrates intent to assist in unauthorized reception of cable services, thus violating
• United States v. Clark
  980 F.2d 1143· 8th Cir.· 1992-11-05
  The court held that the jury instructions and verdict form, while potentially problematic, constituted harmless error in this specific case due to sufficient evidence for conviction under either theory.
• Ligon v. Deloitte
  957 F.2d 546· 8th Cir.· 1992-02-21
  The court held that the jury's finding of no reliance on the net worth representation, coupled with the finding that the primary violator lacked knowledge of his inability to meet operating guarantees, precluded a finding of a primary violation under Section 10(b) and Rule 10b-5,