Federal Court Grants Summary Judgment Motion On Willful FBAR Penalty [Forbes]
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Source: Forbes
David Ake/Getty Images) Litigation in federal court is analogous to a game of chess. Although each side has a limited number of moves, one party ultimately wants to checkmate the other in as few moves as possible. Accordingly, in litigation motions for summary judgment often become extremely important. At its basics, a party files a motion for summary judgment when it believes that there is no genuine dispute regarding any material fact. Because juries or bench trials are necessary only to weigh evidence and make disputed factual findings, summary judgment dispositions avoid costly and lengthy trials where a party is otherwise entitled to judgment as a matter of law solely on the uncontested facts. Government attorneys in willful FBAR penalty cases recognize all too well the value of a well-timed motion for summary judgment. Moreover, the government's practice of filing motions for summary judgment in these cases has increased over the years, particularly with its success in con
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