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U.S. Attorney’s Office Outlines Results of First Wave of Bankruptcy Fraud Initiative

U.S. Attorney’s Office August 24, 2009
  • Southern District of West Virginia (304) 345-2200

CHARLESTON, WV—In November 2008, United States Attorney Charles T. Miller announced a district-wide joint initiative between the U.S. Attorney’s Office, the U.S. Trustee’s Office and the Federal Bureau of Investigation to crack down on bankruptcy fraud. With the cooperation of all three agencies, the U.S. Attorney’s Office charged four individuals resulting in convictions in all four cases, culminating with the sentencing of Jennifer Michelle Longwell scheduled for today at 3:30 p.m. before United States District Judge Robert C. Chambers in Huntington.

Longwell was charged with two counts for falsely testifying under oath regarding the sale of two rental properties while she was in bankruptcy. Longwell was also charged with concealment of assets as a result of her willful failure to turn over the proceeds of the sale of those two properties to the bankruptcy trustee and her creditors. After a three-day trial ended on April 15, 2009, the jury quickly returned a verdict of guilty on all three counts.

In addition to Longwell, the following other three individuals that were indicted as part of the 2008-09 bankruptcy fraud initiative previously agreed to resolve their respective charges by way of plea agreement with the United States, and were sentenced as follows:

Victoria Ann Caudill. On February 3, 2009, Ms. Caudill pled guilty to one count for violating 18 U.S.C. § 157(3) arising out of her concealment of a $60,000 workers compensation settlement from the bankruptcy trustee and her creditors. On June 1, 2009, the Honorable Judge Thomas E. Johnston sentenced Ms. Caudill to a five-year term of probation, which includes a six month period of home confinement.

Tracy Diane Helms. Ms. Helms pled guilty on January 27, 2009 to a one-count Information for violating 18 U.S.C. § 152(1) concerning concealment of assets. Specifically, Ms. Helms failed to disclose a number of expensive pieces of jewelry and firearms. On June 18, 2009, the Honorable John T. Copenhaver sentenced Ms. Helms to three years probation, including a five-month period of home confinement, and 150 days of community service.

Clinton Lee Smith. Mr. Smith pled guilty on February 17, 2009, for violating 18 U.S.C. § 157(3) relating to his concealment of proceeds from the sale of piece of real property in the Barboursville area of Cabell County, West Virginia. On June 8, 2009, the Honorable Robert C. Chambers sentenced Mr. Smith to three years probation, including a six-month period of home confinement, and a $2,000 fine.

A release announcing the outcome of Longwell’s sentence will be issued this afternoon.

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