United States Second Circuit

Where the bankruptcy debtor neither conceals property from the estate's creditors nor makes a misrepresentation that works a fraud on the bankruptcy court, a sentence enhancement for bankruptcy fraud is inappropriate under USSG 2F1.1(b)(4)(B).

Appellate Information

• Decided 05/14/2001
• Published 05/14/2001

Judges

• CARDAMONE, Circuit Judge:, Before: CARDAMONE, McLAUGHLIN, and JACOBS, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Christopher V. Taffe, Assistant United States Attorney, Rochester, New York (Denise E. O'Donnell, United States Attorney, Bradley E. Tyler, Assistant United States Attorney, Western District of New York, Rochester, New York, of counsel), for Appellant.


• For Appellees:
  
• Norman Andrew Palmiere, Rochester, New York (The Palmiere Law Firm, P.C., Rochester, New York, of counsel), for Appellee.