THE LEGAL ENVIRONMENT DIMENSION What are the elements of fraud? Which facts in this case support the court’s finding of fraud?

WHAT IF THE FACTS WERE DIFFERENT? Suppose that by the time the court imposed a constructive trust on the joint accounts in this case, their value had decreased by $100,000. Should the defendant have been liable for the loss? Why or why not?

Stella Jankowski added her niece Genevieve Viarengo as a joint owner on several savings and checking accounts, certificates of deposit, and savings bonds. In executing a will, Jankowski told her attorney, John Wabiszczewicz, that she wanted her estate divided equally among her ten nieces, nephews, and cousins. She named Viarengo and Richard Golebiewski as co-executors. Wabiszczewicz was not aware of the jointly held accounts, and neither Jankowski nor Viarengo mentioned them. Jankowski died in 2001. Within days, Viarengo emptied Jankowski’s safe and removed her financial records. Despite requests from Golebiewski and Wabiszczewicz, Viarengo did not reveal the contents of the safe or the records. Jankowski’s estate—jewelry; a home in Waterbury, Connecticut; and the jointly held accounts—totaled about $600,000. The jointly owned assets were valued at about $500,000. Viarengo claimed that those accounts were hers. Diane Garrigus and other relatives filed a suit in a Connecticut state court against Viarengo. The court imposed a constructive trust. Viarengo appealed.