Defendant Convicted of Bankruptcy Fraud

Allison Tussey —  June 29, 2010 — Leave a comment

James Moser, 66, Overland Park, Kansas, has been convicted on bankruptcy fraud charges.

A federal jury returned a verdict in a trial that began June 14, 2010, in U.S. District Court in Topeka, Kansas. The jury found Moser guilty on one count of conspiracy to commit bankruptcy fraud and eight counts of bankruptcy fraud. Moser was previously charged with one count of conspiracy, 31 counts of bank fraud, 5 counts of money laundering and one count of forfeiture for his alleged role in a Kansas mortgage fraud scheme. As reported by Mortgage Fraud Blog, James Moser was found guilty of conspiracy and bank fraud on several counts and found not guilty on other counts.

On April 27, 2005, Moser and his wife, Doris Elaine Moser, filed for Chapter 7 bankruptcy. During trial, prosecutors presented evidence that James Moser concealed information about the Mosers‘ option to purchase 16.5 acres of prime real estate at 12700 W. 151st Street, Olathe, Kan., where they operated Hallmark Arabian Farms, LLC, a fully equipped Arabian horse training facility including barn, stables, saddles, tack and personal property. Additional evidence was presented that Moser concealed the fact the they had $125,000 worth of gold and sliver coins and collectable stamps. James Moser claimed the items had been transferred to F. Jeffrey Miller, who owned the land they rented for Hallmark Arabian Farms. In fact, the items only had been pledged as collateral for rent owed to Miller. Concealed the Mosers‘ right to a commission of up to $450,000 for marketing and sale of the property at 12700 W. 151st Street, Olathe.

U.S. Attorney Lanny Welch announced the conviction.

“Criminal bankruptcy fraud threatens the integrity of the bankruptcy system, as well as public confidence in the system,” said Richard Wieland, United States Trustee for Kansas, Oklahoma, and New Mexico (Region 20). “We appreciate U.S. Attorney Lanny Welch’s commitment to combating fraud and abuse in the bankruptcy system, as demonstrated by this successful prosecution.”

The U.S. Trustee Program is the component of the Justice Department that oversees case administration and litigation to enforce bankruptcy laws. Region 20 is headquartered in Wichita, with offices in Albuquerque, Oklahoma City, and Tulsa.

Doris Elaine Moser is set for trial Aug. 2, 2010. James Moser is set for sentencing Sept. 20, 2010. He faces a maximum penalty of five years in federal prison and a fine up to $250,000 on each count. Welch commended the Office of the U.S. Trustee in Kansas, the Internal Revenue Service, Assistant U.S. Attorney Christine Kenney, and Assistant U.S. Attorney Richard Hathaway for their work on the case.

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Allison Tussey

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