« Delaware man sentenced to a year and day in mortgage scheme | Main | Ohio defendant pleads guilty to bankruptcy fraud and forging bankruptcy judge's signature »

February 09, 2007


Learning that the Office of Inspector General performed an audit of criminal referrals is an odd development. Having witnessed numerous instances of Bankruptcy Judges and Trustees failing to refer conduct that any sentient person would have to conclude was criminal, or at least suspected to be criminal, as required under Title 18 USC ยง 3057 - I sent a Freedom Of Information Act request to the DOJ requesting any documents reporting on criminal referals by U.S. Trustees. Their responce was they had no documents and performed no tracking. An odd claim given that one of their own U.S. Trustee manuals clearly stated that performance evaluations of staff includes review of criminal referrals. An X-files theorist might conclude that the best way for a U.S. Trustee to win a top evaluation is to ensure that NO criminal referrals are made which might implicate top law firms (a source of and destination for many DOJ lawyers), former DOJ lawyers currently in bankruptcy practise, or any of their respective well financed clients such as hedge funds and private equity firms. Sorry if I'm not at all impressed with the "bankruptcy crimes" involving mom and pop restaurants and similar small time players, with a rare small time lawyer thrown in for good measure. Why the dearth of action on the professionals involved in the big bankruptcy cases?

How can you find out if a certain person has been named for a criminal referral. Cleveland, Ohio seems to have the lowest referral and convictions, can the local US Trustee be contacted for this information or is it top secret? Thanks!

The comments to this entry are closed.