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February 03, 2007

Another conviction for lying during the 341(a) meeting; third Ohio defendant pleads guilty

Monique L. Caldwell, who was indicted in the Northern District of Ohio (as part of "Operation Truth or Consequences"), pleaded guilty to committing perjury during the meeting of creditors in her 2004 bankruptcy case.  Caldwell was charged by indictment (available here) with one count of bank fraud for obtaining a mortgage loan to purchase a home by falsely and fraudulently using the name and social security number of her daughter in 2001.  The indictment further charged Caldwell with one count of making false oaths in bankruptcy for failing to disclose the home and the bank as a creditor in her schedules; one count of mail fraud for causing a notice of commencement of the chapter 7 case to be placed in the mails for service upon creditors (as part of the bank fraud scheme); and one count of perjury for lying during the 341(a) meeting by denying she owned any real estate.

According to the plea agreement (available here), in exchange for the defendant's guilty plea to perjury the government will dismiss the other counts of the indictment.  Caldwell also waived any defense to a proceeding in bankruptcy court to vacate her discharge.  A sentencing hearing is scheduled for March 22.   

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