FORT WAYNE – Randall Stiles, 45 years old, of Fort Wayne,
Indiana, was sentenced by U.S. District Court Chief Judge Theresa L. Springmann
after pleading guilty to making a false oath in a bankruptcy proceeding,
embezzlement from a bankruptcy estate and failure to file a tax return,
announced U.S. Attorney Kirsch.
Stiles was sentenced to 6 months in prison and ordered to
pay restitution in the amount of $235,055.88 to the Internal Revenue Service
and $3,535 to a victim in a bankruptcy case.
According to documents in the case, Stiles was an attorney
that practiced in the United States Bankruptcy Court which is a specialized
area where lawyers assist individuals in obtaining debt relief based on hard
times and financial hardships. Stiles
was in a position of trust not only to his clients but to the Court, the
Trustee and the legal process. In this
case, Stiles’ criminal conduct arose not only from his representation of a
client in bankruptcy, but his criminal action in his own personal bankruptcy
filing in 2013. Stiles stole from his
client, and lied to the Trustee about the filing of his tax return. When faced with possible consequences of his
conduct, he did plead to 2 felony counts of bankruptcy fraud and a misdemeanor
tax count in September of 2017. Stiles, in
his plea, agreed to pay restitution to the client and IRS and agreed to file
his unfiled tax returns for 2009, 2010, 2011and 2012. Before the filing of these federal charges,
Stiles was suspended indefinitely by the Indiana Supreme Court from the
practice of law.
US Attorney Kirsch said, “Attorneys have a duty and obligation
to represent their clients fairly and with integrity. Stealing from clients and lying to the court
violate the ethics of being an attorney and in this case violated the law. We will utilize all the resources we have
available to investigate and prosecute cases involving the breaching of public
trust.”
“Criminal bankruptcy fraud threatens the integrity of the
bankruptcy system, as well as public confidence in that system,” stated Nancy
J. Gargula, U.S. Trustee for Indiana and Central and Southern Illinois (Region
10). “I am grateful to U.S. Attorney Kirsch and our law enforcement partners
for their strong commitment to combating bankruptcy- related crimes, especially
when committed by persons in a position of trust, as demonstrated by today’s
sentencing.” The U.S. Trustee Program is the component of the Justice
Department that protects the integrity of the bankruptcy system by overseeing
case administration and litigating to enforce the bankruptcy laws. Region 10 is headquartered in Indianapolis,
with additional offices in South Bend, Ind., and Peoria, Ill.
Gabriel Grchan, Special Agent in Charge of IRS Criminal
investigation said, "Randy Stiles violated the trust of his clients, the
Court, and taxpayers. Mr. Stiles stole
from U.S. taxpayers by not reporting or paying his taxes. We will not tolerate willful disregard for
tax laws and today's results make that clear."
“Embezzlement is a crime that diverts funds from their
original use and won’t be tolerated by the FBI. We all have the right to expect
honest representation from those we hire to assist us,” said Danny Youmara,
Asst. Special Agent in Charge of the FBI’s Indianapolis Division. “I hope that
those few who decide to violate this trust will see the FBI will continue to
investigate and pursue those who enrich themselves at the expense of others and
we will hold them accountable.”
The case against Stiles resulted from a referral by the
United States Trustee for Indiana and Southern and Central Illinois (Region 10)
to the U.S. Attorney for the Northern District of Indiana. The investigation
was conducted by the Federal Bureau of Investigation and Internal Revenue
Service-Criminal Investigation Division in collaboration with the Northern
Indiana Bankruptcy Fraud Working Group, which is coordinated by the United
States Trustee. The case was prosecuted by Assistant U. S. Attorneys Tina
Nommay and Deborah Leonard.
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