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Eighth Circuit affirms stat-max sentence for false statement in bankruptcy proceeding

By Douglas A. Berman

With a struggling ecomony perhaps leading more and more businesses and persons to consider declaring bankruptcy, a ruling today from the Eighth Circuit in US v. Waldner, No. 08-2606 (8th Cir. Sept. 4, 2009) (available here), provides a sharp reminder why one must be truthful in any bankruptcy proceeding.  Here is the unofficial summary of the Waldner ruling from the Eighth Circuit's website: District court did not err imposing a 16- level increase under Guidelines Sec. 2B1.1(b)(1)(I) as the court properly concluded the amount of loss exceeded $1 million; nor did the court err in imposing enhancements under Guidelines Sec. 2B1.1(b)(9)(c) for use of sophisticated means, Guidelines Sec. 3B1.2 for abuse of a position of private trust or Guidelines Sec...continue to full post

Full post as published by Sentencing Law and Policy on September 04, 2009 (boomark / email).