Recent Decisions

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  The unpublished decision in United States v. Jackson, No. 19-1579 (3rd Cir. March 30, 2020) (slip op.)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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District court vacates conviction for not disclosing closed bank account; held false statement not material

11/06/08

Does a false declaration made knowingly and fraudulenly in a bankruptcy case need to be "material" to constitute a bankruptcy crime?  The statute prohibiting such statements (18 U.S.C.

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District court vacates conviction for not disclosing closed bank account; held false statement not material

11/06/08

Does a false declaration made knowingly and fraudulenly in a bankruptcy case need to be "material" to constitute a bankruptcy crime?  The statute prohibiting such statements (18 U.S.C.

[more]