Leo Stoller - Notable Litigation - Criminal Actions

Criminal Actions

On December 15, 2010, Stoller was indicted on federal fraud charges related to his bankruptcy filings. He was arraigned on January 12, 2011, and a public defender was appointed to represent him. On November 30, 2011, judge Virginia Kendall set a trial date of April 23, 2012. On April 13, Stoller entered into a plea agreement pleading guilty to "knowingly and fraudulently making a false statement under penalty of perjury in a Chapter 13 bankruptcy proceeding," in violation of 18 U.S.C. § 152(3).

Sentencing had been rescheduled multiple times, most recently for October 29, 2012. In September 2012, Judge Kendall was revealed to be among the candidates being considered for the position of U.S. Attorney for the Northern District of Illinois, causing all of her criminal cases to be transferred to other judges to avoid any appearance of a conflict of interest. As part of the reassignment, Stoller's case was transferred to U.S. District Court Judge Rebecca R. Pallmeyer. In addition, Stoller's counsel withdrew from representation, and new counsel was appointed. On October 26, Judge Pallmeyer struck the scheduled sentencing hearing and ordered a new status hearing for December 10. Sentencing has not been reset.

The preliminary finding under the United States Federal Sentencing Guidelines is a range of 30 to 37 months imprisonment, in addition to any court-imposed supervised release, fine or restitution. The prosecution has asked for Stoller to be sentenced to 37 months in prison, based on Stoller's "egregious and ceaseless abuse of the federal court system" and because there is "nothing about the defendant’s history and characteristics that suggests that he will not re-offend in the future." Stoller also agreed to pay restitution under 18 U.S.C. § 3663A to the bankruptcy estate according to a schedule to be set by the court.

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