Sunday, March 2, 2008
A lawyer who was charged with 11 counts of bankruptcy fraud had the last two remaining counts dismissed this past week by a District Court Judge in D.C. Initially 5 counts were dismissed pre-trial. The jury heard the remaining 6 counts against the attorney who is licensed to practice in DC and California, and acquitted the lawyer on 4 counts. This left 2 counts, counts that were hung when the jury failed to reach a verdict. The court, in a 15 page opinion, dismissed these remaining two counts finding that the only evidence presented at trial "can hardly be the basis for a criminal conviction."
The remaining two counts had charged a violation under 18 U.S.C. s 152 for allegedly making false material statements. The statements related to whether a contingency fee needed to be reported on a bankruptcy schedule.