United States v. Grant
Opinion of the Court
Following discharge in bankruptcy,
FACTS
Prior to discharge in bankruptcy, Grant operated a financial planning and investment business both under his own name and under the name of several companies known generally as the Summit Companies. At that time, various Stobart prints hung throughout Grant’s offices. In May 1987, Grant filed a voluntary chapter 11 bankruptcy petition as an individual and on behalf of the Summit Companies. Thereafter, Grant’s place of business changed
On November 17, 1987, the Chapter 11 proceedings were converted to Chapter 7 liquidations.
The trustee told Grant that he had received information that items were missing from the offices and that he wanted to go immediately to Grant’s home to conduct an inventory of the property there. Grant, having previously scheduled a conflicting engagement,
While this was taking place, the trustee received a telephone call from one of Grant’s neighbors, who was also a member of the bankruptcy creditors’ committee, notifying him that Grant was removing property from the Winchester home. The trustee reported the matter to the F.B.I. and then immediately drove with Young to Winchester. Upon arrival, the trustee, with Grant’s consent, conducted an inventory of the remaining property.
While the inventory was underway, two F.B.I. agents arrived. The agents informed Grant that they were investigating allegations that Grant had removed assets from his home in violation of the bankruptcy fraud statute. Grant admitted that he had removed some business items, including typewriters, business papers and two Stobart prints. He offered to prepare a list of the items removed. Although no such list was ever prepared, the items, including the prints, were reportedly returned to the house the next day. No further action was taken at that time.
On August 15, 1989, the trustee and Grant entered into a settlement agreement which was approved by the bankruptcy court on February 1, 1990. As part of the settlement, the trustee abandoned any claim to the Winchester residence,
DISCUSSION
To establish Grant’s guilt under 18 U.S.C. § 152, the government needed to prove beyond a reasonable doubt the following four elements: (1) “that [Grant] had been adjudicated a bankrupt;” (2). that the assets in question belonged to Grant’s bankruptcy estate; (3) that Grant concealed the property from the bankruptcy trustee; and (4) that Grant did so “knowing of the appointment of the trustee and with intent to defraud [his] creditors.” See United States v. Guiliano, 644 F.2d 85, 87 (2d Cir. 1981). For the following reasons, we find, as a matter of law, that the government failed to meet its burden of proof.
As a matter of undisputed bankruptcy law,
It follows that, upon an effective abandonment, there can be no violation of 18 U.S.C. § 152 for acts taken with respect to the abandoned property. This applies even to activity occurring “in the interval between bankruptcy and abandonment.” See Flamand, 78 B.R. at 645 (quoting 4A Collier on Bankruptcy ¶ 70.42[4] (14th ed. 1978) (“[d]ue to ... relation back ... the bankrupt may dispose of the property in the interval between bankruptcy and abandonment”)).
In the instant case, before the trustee abandoned any claim to property located at defendant’s Winchester residence, evidence indicated that the Stobart prints were in the home. Most notably, the trustee’s own appraiser, Paul Dias, conducted an appraisal of the prints at the residence prior to abandonment.
Since the abandonment was effective, and the prints were never property of the estate, it was therefore legally impossible for Grant to commit the crime charged, even assuming a criminal intent at the time of the removal of the prints. As a result, his conviction cannot stand. Accordingly, the jury verdict should be vacated. That
The verdict below is hereby vacated and the judgment reversed.
. In re John A. Grant, 109 B.R. 534.
. By this time, Grant was no longer in possession of the original number of office prints. Apparently Grant was not the only individual who owned Stobart prints. Several of his employees did as well. When those employees terminated their work relationship with Grant, they took their prints with them. In addition, several prints were acquired by an unrelated company in Chelsea, Massachusetts.
. This was accomplished by the district court without notice or hearing. Although the district court decision was effectively reversed on appeal, the cases were never formally reconverted back to chapter 11 proceedings. In any event, Grant was unable to recover and the bankruptcies proceeded to liquidation.
. Grant claimed to have an appointment with his attorney, Elliott Lobel, on an unrelated matter.
. Murphy and Donahue had previously arranged to meet Grant at his home that morning. That fact was not related to the trustee. Grant maintains that the confusion at his office caused him to forget about the meeting with his assistants.
. The evidence at trial indicated there may have been as many as nine such prints. The exact number, however, is irrelevant for purposes of this appeal. •
. Grant’s wife owned the home, which she mortgaged for $250,000, which she in turn gave to Grant to contribute to the settlement.
. Admitted to by government counsel in oral argument.
. Only two Stobart prints were found at that time. There being insufficient proof of any additional concealed prints, the district court determined that the only prints now in question were the two appraised by Paul Dias.
Reference
- Full Case Name
- United States v. John A. GRANT
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- 7 cases
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- Published