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Decisions In Criminal Matters Re Perjury & Bankruptcy Fraud Convictions

By FindLaw Staff on July 28, 2010 12:53 PM

US v. Gorman, 09-3010, concerned a challenge to a conviction of defendant for perjury after testifying falsely before a grand jury.  In affirming the conviction, the court held that ample evidence supported the finding that defendant perjured himself with regard to his possession of a Bentley and, that the admission of the evidence relating to defendant's theft of the car was direct evidence of his charged perjury conduct and its probative value was not substantially outweighed by any risk of unfair prejudice.

US v. Gary, 09-2862, concerned a challenge to the district court's imposition of a 12 months and 1 day imprisonment upon a defendant in a prosecution for bankruptcy fraud, for failing to disclose that his ex-wife had received a substantial monetary settlement for a workers' compensation claim just days before filing their joint Chapter 13 bankruptcy petition.  In affirming the sentence, the court held that the district court gave the family issue sufficient consideration as shown by its efforts to arrange for defendant and his ex-wife to serve staggered prison sentences for their joint crimes.

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