bankruptcy attorney south florida who closed amist fraud

Who has been charged in the 1 global fraud case?

May 27, 2020 · Former Attorney Charged With Conspiracy, Bankruptcy Fraud, And Defrauding Clients Of $1.3 Million. Tampa, Florida – United States Attorney Maria Chapa Lopez announces the unsealing of an indictment charging James Lee Clark (59, Wilton Manors) with one count of conspiracy to commit bankruptcy fraud, seven counts of bankruptcy fraud, one count of …

Is there a bankruptcy judge in the Southern District of Florida?

A recent bankruptcy involving Florida attorney, Peter Herman, shows the consequences of this dishonesty. The Concealed $10 Million Fee. As reported by BizJournals, in 2012, Herman attempted to file for bankruptcy to wipe out $4.5 million in debts related to …

How do I report fraud or a scam in Florida?

Jan 10, 2017 · A recent high-profile bankruptcy fraud cases involved Dance Moms star Abby Lee Miller who pleaded guilty to bankruptcy fraud after being indicted on 20 counts of attempting to conceal nearly $755,500 in income obtained during 2012 and 2013 from her television shows (Dance Moms, Abby’s Ultimate Dance Competition, Abby’s Studio Rescue) as well as dance …

How do I file a complaint against a bank in Florida?

Clerk's Office Hours of Operation: Monday through Friday 8:30 a.m. - 4:00 p.m. Effective November 1, 2021, in accordance with Administrative Order 2021-10. *Alternate Filing Option for Persons without Attorneys*. Miami.

Does bankruptcy cover fraud?

When filing for bankruptcy, misleading income or financial statements can put individuals and organizations of all sizes at risk of being charged with fraud. For example, in the case of an individual filing for bankruptcy, the failure to disclose income from freelance work could be considered fraudulent.Oct 1, 2020

Is it hard to prove bankruptcy fraud?

Proving fraud can be difficult. For almost all bankruptcy crimes, the government has to resolve two questions: Did the defendant misrepresent a material (important) fact? Did the defendant intend to deceive, hinder, or delay the court or the creditors?

What is the sentence for bankruptcy fraud?

Bankruptcy fraud is a federal crime that is punishable by up to 5 years in federal prison and a fine up to $250,000. The fine can't be discharged in bankruptcy.Aug 5, 2020

What qualifies as bankruptcy fraud?

Bankruptcy fraud is a white-collar crime that commonly takes four general forms: A debtor conceals assets to avoid having to forfeit them. An individual intentionally files false or incomplete forms. ... An individuals files multiple times using either false information or real information in several jurisdictions.

What happens if you lie during bankruptcies?

A bigger lie can result in being stuck with your debt, your creditors may keep chasing you, and also you'll lose a big chance to discharge your debts under bankruptcy code.Sep 12, 2017

Is bankruptcy fraud a federal crime?

Penalties for Bankruptcy Fraud 18 U.S.C. § 157 bankruptcy fraud is a serious federal crime that can be punished by up to five years in federal prison, a fine, or both.

Why did Herman go bankrupt?

As reported by BizJournals, in 2012, Herman attempted to file for bankruptcy to wipe out $4.5 million in debts related to a failed development project . As part of his bankruptcy filing, Herman had to list his assets so that the Chapter 7 trustee could sell any non-exempt assets and use the proceeds to help partly pay back Herman’s unsecured creditors.

Why is a lawyer suspended?

Lawyer Suspended for Bankruptcy Fraud. Bankruptcy fraud does not receive a lot of attention. For one thing, few people commit fraud. They don’t have any large assets, so there is nothing to hide.

What is bankruptcy fraud?

In order to successfully bring a charge of bankruptcy fraud against a defendant, the prosecutor must show that the defendant knowingly and fraudulently misrepresented material facts such as income and assets.

Why is bankruptcy fraud so costly?

But bankruptcy fraud is costly for everyone because lenders become more cautious and raise costs associated with lending to cover their risk of losses. Ultimately, these costs get passed on to other people seeking to borrow money.

Did Abby Lee Miller file for bankruptcy?

A recent high-profile bankruptcy fraud cases involved Dance Moms star Abby Lee Miller who pleaded guilty to bankrupt cy fraud after being indicted on 20 counts of attempting to conceal nearly $755,500 in income obtained during 2012 and 2013 from her television shows ( Dance Moms, Abby’s Ultimate Dance Competition, Abby’s Studio Rescue) as well as dance lessons, apparel sales, and other projects. She eventually admitted in 2013 that she possessed undisclosed checks totaling approximately $288,000 but was given a favorable, six-year debt restructuring plan but suspicions remained.

Southern District of Florida

On August 9, 2021, the Bankruptcy Court Will REOPEN to Serve the Public for In-Person Hearings and Filings. See Administrative Order 2021-07

Thank YOU!

Each year the Court recognizes those who volunteer to assist self-represented parties.

Court Locations

Effective August 9, in accordance with Administrative Order 2021-07, the Clerk's Office will have reduced hours to serve the public.

How much money did Ledbetter raise?

According to the information, Ledbetter was personally involved in raising more than $100 million in investor funds that went to 1 Global, through his own pitches as well as through investment advisors he attracted to 1 Global.

Where is 1 Global located?

According to the allegations in the information, 1 Global was a commercial lending business based in Hallandale Beach, Florida, that made the equivalent of “pay day” loans with high interest rates to small businesses, termed merchant cash advance loans (MCAs).

Did Ledbetter disclose his commissions?

However, Ledbetter did not disclose the commissions that he received from 1 Global to investors, according to the information. Ledbetter also made misrepresentations to investors regarding the involvement of an outside auditing firm. A number of individuals have entered guilty pleas in connection with the 1 Global fraud scheme.

What is the phone number for the Florida Department of Banking and Finance?

Florida Department of Banking and Finance. 1-800-GET LEAN (438-5326) answers calls from 8:30 a.m. to 4:30 p.m., about waste, fraud and abuse in state government, and accepts suggestions on how the state can save money. You can leave a message during non-working hours.

What is the phone number for Florida funerals?

1-800-848-3792 (Florida only) takes questions and complaints from 8:30 a.m. to 4:30 p.m., Monday thru Friday on businesses regulated by the Divisions of Banking, Finance, and Securities, and on matters of investigatory interest to the Office of Financial Investigations. Funeral & Cemetary Hotline.

Where is the BBB system?

Better Business Bureau. The Better Business Bureau (BBB) system in the U.S. extends across the nation; coast-to-coast, and in. Hawaii, Alaska, and Puerto Rico. Since the founding of the first BBB in 1912, the BBB system has proven.

What is the IC3?

IC3’s mission is to serve as a vehicle to receive, develop, and refer criminal complaints regarding. the rapidly expanding arena of cyber crime. The IC3 gives the victims of cyber crime a convenient and. easy-to-use reporting mechanism that alerts authorities of suspected criminal or civil violations.

What district court denied a motion to compel a bankruptcy fraud defendant's former attorney to turn over his

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.

Which circuit remanded the case of bankruptcy fraud defendant for re-sentencing?

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 ).

What was David Griffin's sentence?

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.

What is advice of counsel defense?

Richmond (In re Richmond), Case No. 17-11413; Adv Proc. No. 18-02010 (Bankr. M.D. N.C. April 24, 2020) ( opinion here ), was on remand from the U.S. District Court for the Middle District of North Carolina, No. 1:19CV667 (M.D. N.C. March 9, 2020) ( opinion here ). The advice of counsel defense is interpreted consistently across civil proceedings to deny a debtor's discharge (11 U.S.C. 727 (a)) and criminal cases construing the parallel bankruptcy crimes provisions (18 U.S.C. 152).

Does bankruptcy disclosure apply to attorney-client privilege?

Trustee. The attorney-client privilege, the court held, does not apply to information disclosed for the purpose of filing a bankruptcy petition or assembling the schedules because the information, ultimately, is intended to be publicly disclosed. The U.S. Trustee sought the information in connection with its motion to review the conduct of the firm and for disgorgement of fees. The case is In re Hogan, No. 18-05693-HB (Bankr. D. S.C. May 19, 2020) ( available here ).

Who is the special counsel for Uber?

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.

Can a defendant's motion to dismiss an indictment be proven?

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.

Multiple lawsuits accuse Michael Stern of using JDS Fourth Avenue for personal gain

Though its listed debts seem quite manageable for the company to restructure, the possibility of over $70 million in debts places a significant amount of pressure on JDS Fourth Avenue with regards to its case with Tona Construction — which was recently removed from the New York State Supreme Court to bankruptcy court.

Construction bankruptcies can have significant impact on all parties

Though construction on the Park Slope project has wrapped up, JDS Fourth Avenue’s bankruptcy can still have a significant impact on the financial state of all involved parties — particularly Tona Construction. While JDS Fourth Avenue claims less than $10 million in assets, it could be on the hook for upwards of $70 million in damages.