Date: 11-26-2019

Case Style:

Case Number: 3:16-cr-00285-JZ-1

Judge: Jack Zouhary

Court: United States District Court for the Northern District of Ohio (Lucas County)

Plaintiff's Attorney: Gene Crawford and Jody L. King

Defendant's Attorney:

Call 918-582-6422 if you need help finding a criminal defense lawyer in Toledo, Ohio for a bankruptcy fraud or concealment of bankruptcy assets case.

Description: Toledo, OH - The United States of America charged Arvel Ray Henderson with bankruptcy assets, and bankruptcy fraud.

A Toledo federal jury convicted Arvel Ray Henderson, II, age 50, on one count of theft of public money, one count of concealment of bankruptcy assets, and one count of bankruptcy fraud.

Henderson, who was enrolled as a Section 8 landlord with the Lucas County Metropolitan Housing Authority (LMHA), leased several Section 8-eligible properties in the Toledo area, one of which was on Mackow Drive. Henderson began receiving rent payments for this property from LMHA starting in 2005. In 2011, Henderson transferred ownership of the Mackow Drive property to his stepfather. Because Henderson no longer owned the property, he was no longer entitled to the Section 8 payments, yet he continued taking the payments for nearly three additional years after he ceased being the property’s owner. Henderson defrauded LMHA of approximately $22,589.

In June 2014, Henderson filed as an individual for Chapter 7 bankruptcy. Henderson failed to list the following items in his bankruptcy schedules: three bank accounts, a variable annuity account, $499,980 in wire transfers, $20,000 in loaned funds, a 2004 BMW, and a 2014 Jeep Grand Cherokee. The bankruptcy court, trustee, and Henderson’s creditors were thus misled about material information used to determine Henderson’s eligibility for bankruptcy protection and the appropriate terms of any bankruptcy discharge.

The case was investigated by the Federal Bureau of Investigation and the Department of Housing and Urban Development (HUD).

Charges:

18:641 Theft of government funds
(1)
18:641 Theft of Government Funds
(1s)
18:152(1) Concealment of Bankruptcy assets
(2)
18:152(1) Concealment of Bankruptcy Assets
(2s)
18:157(2) Bankruptcy Fraud
(3)
18:157(2) Bankruptcy Fraud
(3s)

Section 157 of 18 United States Code provides:

A person who, having devised or intending to devise a scheme or artifice to defraud and for the purpose of executing or concealing such a scheme or artifice or attempting to do so—

(1) files a petition under title 11, including a fraudulent involuntary petition under section 303 of such title;

(2) files a document in a proceeding under title 11; or

(3) makes a false or fraudulent representation, claim, or promise concerning or in relation to a proceeding under title 11, at any time before or after the filing of the petition, or in relation to a proceeding falsely asserted to be pending under such title,

shall be fined under this title, imprisoned not more than 5 years, or both.

Outcome: 11/19/2019 91 Jury Instructions before Opening Statements as to Arvel Ray Henderson, II (1) (Attachments: # 1 Jury Instructions before Closing Arguments)(D,L) (Entered: 11/19/2019)
11/19/2019 92 Trial Witness List (in order of appearance). (D,L) (Entered: 11/19/2019)
11/19/2019 93 Certification of Trial Exhibits for Jury Deliberations as to Arvel Ray Henderson, II (1). Judge Jack Zouhary on 11/19/2019. (D,L) (Entered: 11/19/2019)
11/19/2019 Minutes of proceedings [non-document] before Judge Jack Zouhary. Jury Trial as to Arvel Ray Henderson (1) held on 11/19/2019. Appearances: Defendant Henderson present with counsel John Thebes; Gene Crawford and Jody King for the Government. Testimony taken: Perry Teplitsky. Government rests. Defendant makes oral Rule 29 Motion, which this Court denies. Defendant rests. Defendant renews oral Rule 29 Motion, which is denied. Exhibits admitted. Jury Charge completed. Closing arguments presented. Jury deliberations begun and concluded. Verdict of GUILTY returned as to all Counts 1, 2, and 3 of the Superseding Indictment. Defendant is referred to Probation for preparation of a Modified Presentence Investigation Report with Sentencing set for Friday, December 20, 2019 at 10:30 AM in Courtroom 209 before Judge Jack Zouhary. Counsel reminded to report to Chambers at least 15 minutes prior to sentencing. Sentencing memos due 1 week prior to sentencing. Defendant is continued on bond with all previous conditions of release. (D,L) (Entered: 11/19/2019)
11/19/2019 94 Jury Question during Deliberations as to Arvel Ray Henderson, II (1) (D,L) (Entered: 11/19/2019)
11/19/2019 95 Jury Verdict as to Arvel Ray Henderson II (1). Guilty on Counts 1, 2, and 3 of the Superseding Indictment. (D,L) (Additional attachment(s) added on 11/19/2019: # 1 Unredacted Verdict) (D,L). (Entered: 11/19/2019)

Plaintiff's Experts:

Defendant's Experts:

Comments: