BankruptcyFraudResourceCenter

Disputed Plea Agreement Not Enforceable in Bankruptcy Fraud Case

05/17/20

A recent case that provides great practical lessons both for counsel and bankruptcy criminal defendants denied a defendant's motion to dismiss an indictment under circumstances where an alleged plea agreement on misdemeanor charges could not be proven and was never accepted by the court.

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Bankruptcy Fraud Defendant Barred from Working in Real Estate Field Not Entitled to Relief

05/16/20

The U.S. District Court for the Middle District of Florida denied the request of a bankruptcy fraud defendant to modify the terms of his supervised released.  David Griffin was convicted, in connection a mortgage rescue scheme, of bankruptcy fraud and making a false material statement under oath during a section 341(a) meeting of creditors.  He was sentenced to concurrent 36 month terms in prison, followed by concurrent 36 month terms of supervised release. 

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Third Circuit Remands For Resentencing Case of Bankruptcy Fraud Defendant - District Court Failed to Explain Sentence

05/15/20

The Third Circuit recently remanded the case of a bankruptcy fraud defendant for re-sentencing on the ground that the district court failed adequately to explain how it applied the statutory sentencing factors in 18 U.S.C. 3553(a) and failed to explain it's ruling on the defendant's objection to the restitution amount.  The unpublished decision in United States v. Jackson, No. 19-1579 (3rd Cir. March 30, 2020) (slip op.) (here).

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Former Uber Engineer Under Indictment Requests Bankruptcy Court Approval to Retain Special Criminal Counsel

05/15/20

Former Uber Technologies engineer Anthony Scott Levandowski has requested court approval in his chapter 11 bankruptcy case to employ a criminal defense firm as special counsel.  Both Google and the Office of the United States Trustee (UST) filed replies.  A hearing on the motion is scheduled for May 21. 

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Bankruptcy Fraud Trial of Pharmacist Charged with Operating Ponzi Scheme Delayed Due to COVID-19

05/12/20

The criminal trial of Natalie Cochran, who is accused of operating a Ponzi scheme with her late husband, was postponed today in the Southern District of West Virginia at least partially due to COVID-19.  Cochran was indicted on multiple counts of wire fraud, bank fraud, aggravated identity theft, unlawful monetary transactions, bankruptcy fraud, and making a false oath in bankruptcy.  The trial was scheduled to begin later this month.  A new trial date is set for July 21.

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Virginia Man Pleads Guilty After Faking Death and Stealing an Identity in Bankruptcy Fraud Scheme

05/07/20

A Virginia man who lied about his own death to hide assets from the bankruptcy court and later fraudulently assumed the identity of an attorney from Florida to further the scheme, pleaded guilty to a series of crimes in federal court yesterday.  Russell Geyer pleaded guilty to contempt of court, wire fraud, aggravated identity theft and bankruptcy fraud.  His sentencing is scheduled for August 6th.  This local news report contains many

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Permanent U.S. Resident Loses 3rd Deportation Appeal Following Bankruptcy Fraud Conviction

04/30/20

Joe Guidice, who starred with his wife Teresa on the Bravo reality show "The Real Housewives of New Jersey," was denied a 3rd deportation appeal and will remain in Italy where he traveled following his release from prison on a conviction for bankruptcy fraud.  In 2014, Guidice pled guilty to bankruptcy fraud and conspiracy to commit wire and mail fraud.  A permanent resident of the United States who was born in Italy but never became a citizen, Guidice was ordered to be deported following his 41 month prison term.  For a while, he chose to stay in t

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Kansas Real Estate Developer Acquitted of More Than 100 Counts of Bankruptcy Fraud

04/28/20

A federal jury in Topeka acquitted local real estate developer Kent Lindemuth of 103 counts of bankruptcy fraud, one count of perjury and six counts of money laundering in one of the biggest bankruptcy fraud cases of the year.  The indictment was announced here.  The charges arose primarily from allegations that Lindemuth failed to disclose more than 100 firearms purchased during the pendency of his chapter 11 case.  Additional bankruptcy

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Bankruptcy Fraud Defendant Avenatti Released Pre-Trial Among COVID-19 Outbreak

04/10/20

Earlier today, United States District Judge James V.

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Man Sentenced to 12 Years in Prison in Mortgage Rescue Scheme

03/17/20

In a case we reported on here, Aston Wood of Wisconsin and Florida was sentenced today to 12 years imprisonment for his role in a mortgage rescue scheme that defrauded more than 70 homeowners in Wisconsin of approximately $390,000.  Wood was able to collect mortgage payments from homeowners for months, even years, by falsely reassuring them that their payments were going to their mortgage lenders and that new loans were

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