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Tag: Diane Hathaway

Ex-Michigan Supreme Court Justice Diane Hathaway Gets 1 Year and 1 Day

Ex-Judge Diane Hathaway

By Allan Lengel
Deadline Detroit

ANN ARBOR, Mich. — A disgraced ex-Michigan Supreme Court Justice Diane Hathaway, teary eyed and choked up, apologized to a federal judge just moments before he hit her with a sentence on Tuesday of 1 year and 1 day in prison and $90,000 in restitution.

“Your honor,  I stand before you a broken person,” she said, standing before U.S. District Judge John Corbett O’Meara in Ann Arbor.  “I’m ashamed, embarrassed, humiliated and disgraced. I have no one to blame but myself.”

Assistant  U.S. Attorney Daniel Lemisch, who stood to her right,  pushed for a sentence that reflected the guidelines, 12 to 18 months. Defense attorney Steve Fishman argued for probation.  Hathaway’s husband, Michael Kingsley, who sat in the gallery, looked dejectedly down at the floor after the judge announced the sentence.

“We hope you accomplish a great deal more once you are by this thing,” said O’Meara.

Afterwards, Hathaway was allowed to go home. She will  report later to prison.  The sentence of more than a year allows her to get what essentially amounts to good time.  She could get out after 8 1/2 months.

Reporters, including Ross Jones of WXYZ (right), wait outside court for judge’s arrival

Hathaway, 59, who was clad in a black pant-suit on Tuesday,  pleaded guilty in January to a real estate scheme in which she transferred properties out of her name to make it look as if she had less assets, all so she could get a short sale on her Grosse Pointe Park home and get out of $600,000 she owed the bank, ING Direct.  The original mortgage was $1.4 million and the home was sold for $800,000 in the short sale.

Under the short sale,  the loss to the bank was approximately $100,000, according to the government. The government noted that she did bring $10,000 to the closing for the short sale as a closing fee, bringing the actual loss to $90,000. The judge agreed that the loss was $90,000 to the bank.

To read more click here. 

 

Fed Prosecutors Want Ex-Michigan Supreme Court Justice Diane Hathaway Behind Bars

Ex-Judge Diane Hathaway

By Allan Lengel
Deadline Detroit

DETROIT — Prosecutors want disgraced ex-Supreme Court Justice Diane Hathaway to serve time behind bars for bank fraud.

In a sentencing memorandum filed Thursday in federal court, the U.S. Attorney’s office recommended that Hathaway serve 12 to 18 months under the sentencing guidelines. Sentencing is set for Tuesday at 2 p.m. in U.S. District Court in Ann Arbor.

“Such a sentence would serve to adequately punish the defendant for her methodical, thoughtful, and sophisticated criminal conduct that spanned over two years and caused approximately $100,000 in losses to a financial institution,” Assistant U.S. Attorneys Daniel L. Lemisch and Patrick Hurford wrote. “In addition, this sentence would deter the defendant and others from future criminal conduct and, in particular, economic crime.”

Hathaway, 58, pleaded guilty in January to a real estate scheme in which she transferred properties out of her name to make it look as if she had less assets, all so she could get a short sale on her Grosse Pointe Park home and get out of $600,000 she owed the bank, ING Direct. The original mortgage was $1.4 million and the home was sold for $800,000 in the short sale.

Under the short sale, the loss to the bank was approximately $100,000, according to the government. The government noted that she did bring $10,000 to the closing for the short sale as a closing fee, bringing the actual loss to $90,000.

To read the full story click here.

Read sentencing memorandum. 

Feds Seek forfeiture of home of Michigan Supreme Court Justice Accused of Bank Fraud

Judge Diane Hathaway/court photo

Steve Neavling
ticklethewire.com

 DETROIT — An FBI investigation has prompted the federal government to seek forfeiture of the home of Michigan Supreme Court Justice Diane Hathaway on accusations that she and her husband defrauded a bank of $600,000 in mortgage debt, the Detroit News reports

U.S. Attorney Barbara McQuade ‘s office wrote in a criminal complaint that Hathaway and her husband, attorney Michael Kingsley, “systematically and fraudulently transferred property and hid assets in order to support their claim to (ING Direct) that they did not have the financial resources to pay the mortgage on the Michigan property.”

McQuade and her husband are accused of money laundering and bank fraud.

The Republican Party has called on McQuade to resign but to no avail.

If Hathaway resigns, Republican Gov. Rick Snyder could replace her in a special election that could give the GOP a 5-2 majority on the court, the Detroit News reported.