U.S. v. Kurlemann

Summarized by Timothy Brink , Meltzer Purtill & Stelle LLC
13 years 2 weeks ago

Citation:

U.S. v. Kurlemann, Case Nos. 11-3394/3544/3397 (6th Cir. Feb. 13, 2013)

Tag(s):

Ruling:

The Sixth Circuit affirmed defendant's bankruptcy fraud convictions, and reversed his false statements conviction and remanded the false statements charges for retrial. The Sixth Circuit did not decide the Government's cross-appeal as to forfeiture in light of its remand.

Procedural context:

Defendant appealed from his jury conviction for false statements to a lending institution in violation of 18 U.S.C. 1014 and bankruptcy fraud under 18 U.S.C. 152(1) and (3) and 157; Government cross-appealed denial of its forfeiture request.

Facts:

Defendant/debtor homebuilder failed to disclose his oral option agreement to repurchase within one year a lot that one of his business entities sold to a business associate before his bankruptcy filing. A jury convicted him of bankruptcy fraud, concealing assets in bankruptcy, and making false oaths in bankruptcy. Defendant argued unsuccessfully on appeal that his convictions should be reversed because the option was worthless and not enforceable under the statute of frauds, that the business entity that he controlled did not own the option, that his conviction for multiple bankruptcy crimes arising out of the same course of conduct violated the Double Jeopardy Clause, and that the prosecutor improperly conflated the distinction betwen him and his business entities.

Judge(s):

Guy, Sutton, and Cook

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