March 18, 2004
The United States Attorney's Office for the Northern District of California announced that John Milwitt was convicted by a federal jury yesterday afternoon on five counts of bankruptcy fraud in violation of 18 U.S.C. § 157. The convictions followed a three-day jury trial before U.S. District Court Judge Charles R. Breyer.
Mr. Milwitt, 50, of Berkeley, California, was indicted by a federal grand jury on March 21, 2002. The government alleged that Mr. Milwitt, who is not admitted to practice law, held himself out as an attorney and filed unauthorized bankruptcy petitions to defraud both those who hired him for legal advice and their creditors. The jury, after deliberating for 30 minutes, found Mr. Milwitt guilty on all five counts charged.
The maximum statutory penalty for each count in violation of 18 U.S.C. § 157 is five years and a fine of $250,000, plus restitution. However, the actual sentence will be dictated by the Federal Sentencing Guidelines, which take into account a number of factors, and will be imposed in the discretion of the Court. Mr. Milwitt is scheduled to be sentenced on June 16, 2004 before Judge Breyer in San Francisco.
The conviction is the result of an investigation by special agents of the FBI. Assistant U.S. Attorneys Tim Crudo and Michael Wang prosecuted the case with the assistance of Nancy Dick and Ji-Yon Yi.
A copy of this press release may be found on the U.S. Attorney's Office's website at www.usdoj.gov/usao/can. Related court documents and information may be found on the District Court website at www.cand.uscourts.gov or on http://pacer.cand.uscourts/gov.
All press inquiries to the U.S. Attorney's Office should be directed to Assistant U.S. Attorney Matthew J. Jacobs at (415) 436-7181.
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