United States v. Stoller
Jun
27
2016
Ruling
Guilty plea to bankruptcy fraud charges upheld on appeal.
Issue(s)
Should debtor’s guilty plea to bankruptcy fraud be vacated?
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Court
:
2nd Circuit ( ) [ Bankruptcy Court ]
United States v. Pacheco-Martinez
Jun
15
2015
Ruling
Debtor's conviction for fraudulent transfer of funds of undisclosed entity that he owned upheld.
Issue(s)
Should debtor's fraudulent transfer conviction, based on nondisclosure of an entity he owned to the bankruptcy court and transfer of assets to that entity in order to purchase back previously foreclosed property, be overturned?
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Court
:
Judge or Jurisdiction information not available
- 18 U.S.C.
In re Aaron
Oct
26
2012
Ruling
Debtor referred to U.S. Attorney for possible bankruptcy fraud prosecution due to false oath, nondisclosure and forged documents.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code, and a trustee who was appointed to administer the debtor's bankruptcy case filed a motion for an order directing the debtor to appear and show cause why her conduct should not be considered bankruptcy fraud and referred to the U.S. Attorney for possible criminal prosecution. The court held a hearing on the trustee's motion.
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Court
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United States v. Marston
Sep
20
2012
Ruling
Conviction on second count of bankruptcy fraud reversed due to lack of proof that undisclosed debts existed on petition date.
Procedural posture
Defendant appealed a decision of the United States District Court for the District of New Hampshire, which convicted her on two counts of bankruptcy fraud, in violation of 18 U.S.C.S. § 152(2).
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Court
:
Judge or Jurisdiction information not available
United States v. Johns
Jul
17
2012
Ruling
Conviction for materially false representations to trustee and sale of home outside plan without court approval affirmed.
Procedural posture
Defendant appealed from the United States District Court for the Eastern District of Wisconsin, challenging his convictions under 18 U.S.C.S. §§ 152(5) and (8), 157, and 1519, which were related to making false representations to debtors' trustee regarding a second mortgage and for receiving property from a debtor with the intent to defeat the provisions of the Bankruptcy Code.
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Court
:
Judge or Jurisdiction information not available
- 18 U.S.C.
United States v. Bauer
Dec
29
2008
Ruling
Bankruptcy fraud conviction based on nondisclosure of insurance proceeds and conversion of IRA to cash affirmed.
Procedural posture
Defendants, a former husband and wife, were convicted in the district court for the District of Minnesota under 18 U.S.C.S. §§ 152(1) and (2), 153, and 1956(a)(1)(A)(i) and (c)(7)(D) of bankruptcy fraud and money laundering. Defendants appealed.
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Court
:
Judge or Jurisdiction information not available
United Sates v. Holthaus
May
25
2007
Ruling
Restitution and prison sentence upheld for debtor's fraudulent failure to schedule $8,000 in assets and $36,000 inheritance.
Procedural posture
Defendant sought review of a sentence imposed by the District Court for the Northern District of Iowa after defendant pled guilty to knowingly and fraudulently making a false declaration or statement in connection with his bankruptcy petition, in violation of 18 U.S.C. § 152(3). The sentence included prison time and a mandatory restitution of $8,093, pursuant to the Mandatory Victims Restitution Act ("MVRA"), 18 U.S.C. § 3663A.
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United States v. Naegele
Apr
18
2007
Ruling
False sworn statements by debtor's attorney that were never filed with the court were not grounds for perjury charge.
Procedural posture
Defendant, an attorney licensed to practice law in California and the District of Columbia, moved to dismiss Count 7 of an indictment, which charged him with making false declarations or statements under penalty of perjury with respect to documents he filed in a chapter 7 petition in bankruptcy court in violation of 18 U.S.C. § 152(3).
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Court
:
United States v. Mitchell
Feb
06
2007
Ruling
Conviction for fraudulent concealment reversed where only prepetition income had been concealed.
Procedural posture
Defendant appealed his conviction for fraudulent concealment of estate property in his bankruptcy case in violation of 18 U.S.C. § 152(1) from the District Court for the Northern District of Iowa. He also appealed the district court's denial of his motion to dismiss from the indictment the charge of submitting a false declaration in a bankruptcy petition in violation of section 152(3).
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United States v. Peel
Oct
02
2006
Ruling
Indictment on both bankruptcy fraud and obstruction of justice charges did not subject debtor to double jeopardy.
Procedural posture
Defendant filed a motion to dismiss, as multiplicitous, count 1 of the indictment that charged him with bankruptcy fraud in violation of 18 U.S.C. § 152(6) when count 2 charged defendant with obstruction of justice, in violation of 18 U.S.C. § 1512(c)(2).
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Court
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