Developments

Man Convicted of Economic Espionage and Bankruptcy Fraud Requests Early Release From Prison

06/03/20

Former businessman, Walter Liew, 62, who was convicted of making false statements in bankruptcy along with several offenses related to trade secrets and economic espionage, has requested that a federal court in Oakland, CA allow him to serve the remainder of his sentence in home confinement.  The case is United States v. Liew, No.

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Attorney Convicted of Embezzling Estate Funds Denied Compassionate Release Pending Sentencing

05/30/20

The U.S. District Court for the Eastern District of Ohio denied a request by John W.

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Compassionate Release Denied to Bankruptcy Fraud Defendant In Kentucky Federal Prison

05/28/20

A bankruptcy fraud defendant who "relie[d] entirely on the generalized threat of COVID-19" and "failed to explain why he is particularly vulnerable to it" is not entitled to compassionate release under the First Step Act, ruled a federal court in Indiana. 

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Bankruptcy Court Approves Levandowski's Retention of Special Criminal Counsel in Chapter 11 Case

05/23/20

Updating an earlier post (here) on Anthony Levandowski's request for bankruptcy court approval to retain special criminal counsel in his chapter 11 bankruptcy case, it appears that U.S. Bankruptcy Judge Hannah L. Blumenstiel approved the retention.  According to the docket in In re Anthony Scott Levandowski, Case No.

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Counsel Not "Compelled" to Turn Over Files of Former Bankruptcy Fraud Client for Habeas Petition

05/20/20

The U.S. District Court for the District of Minnesota recently denied a motion to compel a bankruptcy fraud defendant's former attorney to turn over his case file to assist the former-client in preparing an anticipated habeas petition. 

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Bankruptcy Judge Makes Criminal Referral of Serial Filer Who Duped Counsel into Filing Case in Ex-Wife's Name

05/19/20

A serial bankruptcy filer was criminally referred to the U.S. Attorney's Office in the Northern District of Texas in connection with an alleged and convoluted series of bankruptcy filings in his own and his ex-wife's name in order to stay pending foreclosure proceedings.  U.S.

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Bankruptcy Attorney Guilty of Embezzlement Furloughed From Prison Amid COVID-19 Pandemic

05/18/20

The Bureau of Prisons (BOP) furloughed a former bankruptcy lawyer serving a 63 month sentence following a guilty plea to several bankruptcy crimes.  Peter Ressler, 72, pled guilty in 2017 to wire fraud (18 U.S.C. 1343), embezzlement from a bankruptcy estate (18 U.S.C. 154), and bankruptcy fraud (18 U.S.C. 157). 

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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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