Former Attorney Sentenced For Bankruptcy Fraud

Tampa, FL – U.S. District Judge James D. Whittemore has sentenced Josiah E. Hutton (60, Winter Haven) to six months in federal prison, followed by six months of home confinement, for concealment of assets from a bankruptcy estate. In addition, he was ordered to pay $93,255.27 in restitution to the victim of his offense.

According to court documents, Hutton, a former bankruptcy attorney, was retained to represent a debtor who was planning to file for bankruptcy. In anticipation of filing a bankruptcy petition, Hutton received a $93,255.27 settlement check, which was property of the debtor’s bankruptcy estate, and deposited it into his attorney escrow account. Hutton later prepared and certified the debtor’s bankruptcy petition, yet he failed to list the settlement check as an asset, thereby concealing the asset from creditors and the bankruptcy court.

This case was investigated by the Federal Bureau of Investigation and the Florida Department of Law Enforcement. The Office of United States Trustee, Tampa Division provided substantial investigative assistance. It was prosecuted by Special Assistant United States Attorney Chris Poor.