United States v. Collins

97 F. App'x 629
CourtCourt of Appeals for the Sixth Circuit
DecidedMay 19, 2004
DocketNo. 03-5347
StatusPublished

This text of 97 F. App'x 629 (United States v. Collins) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Collins, 97 F. App'x 629 (6th Cir. 2004).

Opinion

COHN, District Judge.

This is a criminal case. Valerie Lynn Collins (Collins) appeals from her jury conviction for bankruptcy fraud, 18 U.S.C. § 152, on three grounds: (1) letters written by her attorneys were improperly admitted at trial, (2) the district court gave an improper “deliberate ignorance” instruction to the jury, and (3) her counsel was ineffective. The government argues that the conviction was correct because the attorneys’ letters were non-hearsay admissions by a party opponent and the “deliberate ignorance” instruction was adequately supported by the evidence. We affirm.

I. BACKGROUND

Collins’ parents deeded a house in Russell Springs, Kentucky to Collins and her brother, Mark Collins, in 1993. Collins later obtained a loan that was secured by her one-half interest in the house. Collins filed a bankruptcy petition in 1995, which was voluntarily dismissed. She filed another bankruptcy petition in 1996 and did not list her interest in the house or mortgage on the property. At the bankruptcy hearing, Collins testified under oath that she did not own any property.

Between the time of the hearing and the discharge of her debt in 1997, Collins retained attorneys to sell her one-half interest to her brother. Collins’ attorneys sent multiple letters to Mark Collins requesting different amounts of money for her share of the property. Mark Collins then hired his own attorney and filed a lawsuit seeking to sell the disputed property and divide the proceeds. In 1998, the property was sold at auction and the proceeds were distributed equally between Collins and her brother.

Collins was indicted under 18 U.S.C. § 152 for knowingly and fraudulently concealing a property interest from the trustee during the bankruptcy proceeding. At trial, Collins’ defense was that she lacked the criminal intent to defraud the bankruptcy estate. Collins claimed that she did not know that she was the real owner of the property, but rather thought that she was only holding it with her brother until her mother returned from prison. Collins testified that she signed a quitclaim deed in 1995 to give the property back to her parents and gave it to her brother but, unknown to Collins, her brother never signed or recorded the deed. She also said that she never read her bankruptcy petition and the house was mistakenly left off the petition. Collins further testified that the reason why she consulted an attorney in 1997 after the bankruptcy hearing was because she finally learned that her brother had not signed the quitclaim deed. Collins never disputed the documentary evidence submitted by the government, including the letters from her attorneys that were introduced during Mark Collins’ testimony.

Mark Collins testified contrary to Collins’ account. He said that their parents never told him that the house was only deeded to him and his sister temporarily. He also testified that Collins never gave him a quitclaim deed to sign.

The government requested a “deliberate ignorance” jury instruction. Collins initially objected to the instruction but later, after the district court revised the complete set of instructions, said that “[a]s far as the jury instructions, the defense has no objections to the instructions presented by [632]*632the Court.” The district court then gave the following instruction to the jury:

As a further matter, no one can avoid responsibility for a crime by deliberately ignoring the obvious. If you are convinced that the Defendant deliberately ignored a high probability that she was required to disclose in her bankruptcy case her half-interest in the house and adjacent lot located at 122 Hemlock Road in Russell Springs, Kentucky, then you may find that she knew she was required to make such a disclosure.
To find this, you must be convinced beyond a reasonable doubt that the Defendant was aware of a high probability that she was required to disclose her interest in the property in her bankruptcy case and that the defendant deliberately closed her eyes to what was obvious. Carelessness, negligence, or foolishness is not the same as knowledge, and is not enough to convict.

The jury found Collins guilty.

II. ANALYSIS

A. Admission of the Letters

The letters from Collins’ attorneys to Mark Collins requesting money in exchange for Coffins’ one-half interest were admitted and read to the jury during Mark Coffins’ testimony. Collins says that the admission of the letters was improper for two reasons: (1) her right to a fair trial was violated because the attorneys who actually wrote the letters were not subject to cross examination, and (2) the letters were not properly authenticated in violation of Fed.R.Evid. 901. Because Collins did not object to the evidence at trial, this issue is reviewed for plain error. See United States v. Barajas-Nunez, 91 F.3d 826, 830 (6th Cir.1996).

First, Coffins says that her Sixth Amendment right to confront a “witness” includes the right to confront not only those witnesses physically present at trial but also those persons whose out of court statements are introduced to prove the truth of the matter asserted in the statements. However, it is clear that the statements made in the letters were admissible non-hearsay admissions of a party opponent as either a “statement by a person authorized by the party to make a statement concerning the subject” or a “statement by the party’s agent or servant concerning a matter within the scope of the agency or employment, made during the existence of the relationship.” Fed.R.Evid. 801(d)(2); see Williams v. Union Carbide Corp., 790 F.2d 552, 555 (6th Cir.1986) (“It is the general rule that ‘statements made by an attorney concerning a matter within his employment may be admissible against the party retaining the attorney.’ ”). “[Wjhere proffered hearsay has sufficient guarantees of reliability to come within a firmly rooted exception to the hearsay rule, the Confrontation Clause is satisfied.” White v. Illinois, 502 U.S. 346, 356, 112 S.Ct. 736, 116 L.Ed.2d 848 (1992); United States v. Cope, 312 F.3d 757, 780 (6th Cir.2002). Importantly, Collins admitted at trial that she specifically employed the attorneys to write the letters to Mark Collins so that she could receive compensation for her share of the property, which she would use to help her parents.

Coffins cites Steele v. Taylor, 684 F.2d 1193 (6th Cir.1982), as support. However, the Court in Steele in fact held that “[wjhere neither party is responsible for the unavailability of the witness, a hearsay statement is admissible ...

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Bluebook (online)
97 F. App'x 629, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-collins-ca6-2004.