United States v. James Ramey

531 F. App'x 410
CourtCourt of Appeals for the Fifth Circuit
DecidedMay 8, 2013
Docket12-20044
StatusUnpublished
Cited by3 cases

This text of 531 F. App'x 410 (United States v. James Ramey) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth 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. James Ramey, 531 F. App'x 410 (5th Cir. 2013).

Opinion

PER CURIAM: *

A jury convicted James Ramey of conspiring to commit bankruptcy fraud, concealing assets, making false oaths, and committing mail fraud. He appeals, alleging that the district court committed various constitutional and evidentiary errors. Finding no reversible error, we AFFIRM the district court’s judgment.

I. FACTUAL AND PROCEDURAL BACKGROUND

On May 12, 2010, James Ramey was charged in a twenty-five count superseding indictment with committing bankruptcy fraud in violation of 18 U.S.C. § 157(1); concealing assets in violation of 18 U.S.C. § 152(1); making false oaths in violation of 18 U.S.C. § 152(2) and (3); and committing mail fraud in violation of 18 U.S.C. § 1341. The charges arose in connection with various schemes Ramey engineered after business setbacks prevented him from making mortgage payments on various properties he owned. In an effort to stop creditors from foreclosing on these properties, Ramey filed for bankruptcy in 2001. Over the next few years, Ramey— aided by his daughter, Yashare — became a serial bankruptcy filer, filing at least fourteen bankruptcy petitions across numerous states and in various courts. The purpose of these successive filings was to take advantage of the associated automatic stays, which essentially enjoined creditors from commencing or continuing any actions against Ramey until the creditors petitioned to have the stays lifted. Once that occurred, Ramey simply would file another bankruptcy petition to generate a new stay.

Acting at Ramey’s behest, Yashare completed most of the bankruptcy forms and signed the majority of the petitions with the name of her father, mother, or mentally challenged brother. Despite declaring under penalty of perjury that the statements in the bankruptcy documents were true and correct, Yashare followed her father’s instructions to intentionally incorporate various errors or material omissions *412 into the filings, including incorrect or missing social security numbers, and incorrect or missing addresses. At Ramey’s direction, Yashare also omitted from the forms any information pertaining to prior or pending bankruptcy petitions, although such information was required. Yashare testified that these serial and erroneous petitions were filed to manipulate the bankruptcy system, create havoc for creditors, and stave off scheduled foreclosures. 1

On December 9, 2002, a bankruptcy court in Houston ordered Ramey to refrain from filing another bankruptcy petition for sixteen months without the court’s approval. Three days later, he filed for bankruptcy in Delaware, using a mailbox address he had obtained falsely to represent that he resided there. Later, in 2003, Ramey also filed bankruptcy petitions in Florida and Oklahoma.

On November 26, 2003, another bankruptcy judge in Houston ordered Ramey not to file another bankruptcy petition without the court’s permission. Less than a month later, in response to the court’s order that Ramey divulge certain financial information related to several of his bankruptcy petitions, Ramey filed a motion to dismiss the petitions. In that motion, Ra-mey claimed that he did not file the petitions in question; that the petitions did not have his social security numbers on them; and that, in effect, he was not seeking bankruptcy protection from his creditors. The court denied Ramey’s motion after finding his explanations not to be credible.

Notwithstanding the order prohibiting him from filing further bankruptcy petitions without the court’s approval, Ramey filed another petition on September 6, 2005, this time in San Antonio. As was his practice, Ramey did not disclose on that petition his prior bankruptcy filings, and he omitted most of the material information required by the form. Once the bankruptcy court in Houston learned of the San Antonio filing, Ramey’s case was referred to the federal district court for a criminal contempt hearing.

During the same period in which Ramey was filing these successive bankruptcy petitions, he also was engaged in other fraudulent activities — many of which succeeded as a result of Ramey’s creation and use of various shell companies. One such company, Manhattan Gold, purported to offer gold bars and coins for sale via the Internet. The company received between $350,000 and $400,000 from over fifty customers, but never distributed any gold. At trial, the government called several of Ramey’s victims, all of whom testified that they had been duped into buying gold as a result of Manhattan Gold’s legitimate-looking website. Some of these witnesses also testified that they had been convinced to make purchases after persuasive encounters with the company’s “representatives,” who were, in fact, Ramey and his family members. Although many of these victims expended tremendous resources to recover their money, them efforts ultimately proved unavailing.

In the course of perpetrating the Manhattan Gold scheme, Ramey also encountered a businessman named Giles Florence who was seeking financing for his own gold mining operations. Ramey, at times operating under the assumed name of “Joe Hill,” represented to Florence that he had connections with a bank called Capitol Trust, which could provide $20 million in financing to mine the gold. Ramey also represented that Capitol Trust could pro *413 vide him with a $2 million loan to buy an interest in the mines. In exchange, Florence granted Manhattan Gold exclusive rights to sell the gold and other metals the mines produced.

At trial, Yashare testified that Ramey became involved with Florence because Ramey wanted access to the gold in Florence’s mines. Ramey eventually fabricated a loan authorization letter for Florence from Capitol Trust Bank, but after sending the letter — and despite repeated attempts by Florence to contact Ramey — Ramey never spoke with Florence again. Consequently, Florence lost the opportunity to deal with other potential investors because he had given Ramey and Manhattan Gold first priority on the mine’s yield. Florence also was unable to pursue several mining opportunities as a result of losing credibility with investors to whom he had made representations based on Ramey’s false promises.

As a result of these fraudulent schemes, Ramey was indicted for bankruptcy fraud, concealing assets, making false oaths, and committing mail fraud. After pleading not guilty, Ramey was tried by a jury and convicted on all counts. The district court sentenced Ramey to 188 months’ imprisonment and 3 years’ supervised release, and ordered him to pay restitution in the amount of $777,051.41. Ramey now appeals.

II. ANALYSIS

Ramey raises four issues on appeal. First, he argues that the district court erred in denying his motion for a mistrial, which Ramey made after the government purportedly violated his Fifth Amendment privilege against self-incrimination.

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531 F. App'x 410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-james-ramey-ca5-2013.