Category Archives:Creditors

Government Contract Kickback

Illegal Kickback Revealed in Government Contract

Kick Back in the Procurement of a Government Contract Disallows a Fee

Where a demolition subcontractor failed to pay a fee from a person who helped it obtain a subcontract from the general contractor, the suit was disallowed when the subcontractor sued the general contractor for the fee out of monies owed to the person who helped obtain the contract.

Carlo Cellai, Esq. represented the general contractor and took the position that the fee by the person who helped the demolition subcontractor obtain the contract was an illegal kick back in violation of the anti-kick back laws.

The Court agreed with the position put forth by Carlo Cellai, Esq. on behalf of the general contractor that the payment of any fee to the person who helped the subcontractor obtain the contract was an illegal kick back scheme for which no payment was due.

Massachusetts Lawyers Weekly

Passing NSF Checks Constitutes Fraud

Presenting and Passing Non Sufficient Funds Checks Constitutes Fraud

Carlo Cellai, Esq. represented a bank where a bank depositor and former lawyer deposited checks from a different bank into his bank account.  Before the checks had a chance to bounce, the depositor withdrew funds from the empty account, the checks bounced and caused the bank a loss.

In laying the groundwork for a fraud defense to dischargeability in bankruptcy, Carlo Cellai, Esq. prosecuted the case on behalf of the bank on the ground that the depositors conduct amount to fraud.

The Judge agreed with Attorney Cellai’s position on behalf of the bank and ruled that the depositor had perpetrated a fraud on the bank.  As a result of the creative legal theory, Attorney Cellai set the ground work for a dischargeability claim against the depositor had the depositor filed bankruptcy.

Massachusetts Lawyers Weekly