United States v. Cutter

Lionel Cutter (""Cutter"") appeals from his conviction and his 20-month sentence in the district court for concealing assets and making a false oath in bankruptcy. 18 U.S.C. § 152(1)-(2) (2000). Cutter also appeals from a $21,000 restitution award to his niece, Adele Bailey (""Bailey""), ordered by the district court. While we affirm his conviction and sentence, we reverse the district court's restitution order. I. Background Cutter's conviction for making a false oath in bankruptcy and concealing assets stemmed from statements he made in his bankruptcy petition, and during subsequent bankruptcy proceedings, to the effect that he had sold his home to his niece, Bailey, for $40,000.