Nov 3, 2010

OVERLAND PARK MAN SENTENCED ON BANKRUPTCY FRAUD CHARGES

TOPEKA, KAN. – James Moser, 66, Overland Park, Kan., has been sentenced to 121 months in federal prison on bankruptcy fraud charges, U.S. Attorney Barry Grissom said. Moser also was ordered to pay approximately $1.5 million in restitution.

In June, a jury found Moser guilty on one count of conspiracy to commit bankruptcy fraud and eight counts of bankruptcy fraud.

On April 27, 2005, Moser and his wife, Doris Elaine Moser, filed for Chapter 7 bankruptcy. During trial, prosecutors presented evidence that James Moser:

– Concealed information about the Mosers’ option to purchase 16.5 acres of prime real estate at 12700 W. 151st Street in Olathe, Kan., where they operated Hallmark Arabian Farms, LLC, a fully equipped Arabian horse training facility including barn, stables, saddles, tack and personal property.
– Concealed the fact the Mosers had $125,000 worth of gold and sliver coins and collectable stamps. James Moser claimed the items had been transferred to F. Jeffrey Miller, who owned the land they rented for Hallmark Arabian Farms. In fact, the items only had been pledged as collateral for rent owed to Miller.
– Concealed the Mosers’ right to a commission of up to $450,000 for marketing and sale of the property at 12700 W. 151st Street in Olathe.

Co-defendant Doris Elaine Moser pleaded guilty and was sentenced to three years probation and ordered to pay $5,000 restitution.

Grissom commended the Office of the U.S. Trustee in Kansas, the Internal Revenue Service, Assistant U.S. Attorney Christine Kenney and Assistant U.S. Attorney Richard Hathaway for their work on the case.