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v.
Defendant.
INDICTMENT
BANKRUPTCY FRAUD
18 U.S.C. § 157
MONEY LAUNDERING
18 U.S.C. § 1956( A )(1)
bankruptcy, transfer certain assets to other persons and do so in a way that would
both make it appear that the asset was no longer her property and conceal the
existence of the asset from the bankruptcy trustee, bankruptcy court, and her
• $46,000 in U.S. currency; 200 U.S. silver dollars; foreign currency from the
United Kingdom, European Union, and Belize; twenty British gold coins;
twenty Swiss gold coins; and one diamond ring; all of which Defendant gave to
Defendant would also omit these assets from her statement of financial affairs and
associated schedules and deny any ownership of the assets when questioned in
3. It was a further part of the scheme that Defendant would omit additional
items from her statement of financial affairs and associated schedules. Those items
included:
• more than $100,000 held by Neuro Logical, LLC, which was Defendant’s
• more than $7000 held by Multiple Ventures, LLC, which was Defendant’s
4. It was a further part of the scheme that Defendant would damage and
alter a document that was to be provided to the bankruptcy trustee that might
otherwise indicate to the trustee that she owned valuable jewelry, a fact which she
wanted to conceal. Also, Defendant would minimize her ownership of jewelry when
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5. It was a further part of the scheme that Defendant would deny any
interest in or control over certain limited liability companies that were registered in
the name of either C.V., Defendant’s sister, or J.D., Defendant’s employee. In truth,
however, these entities held assets in which Defendant had an ownership interest
and over which Defendant exercised control. It was a further part of the scheme
that Defendant would fabricate fraudulent invoices from one of these entities,
Neuro Logical, LLC, and direct her attorney to provide these invoices to the
bankruptcy trustee in order to conceal her true relationship with that entity.
6. It was a further part of the scheme that Defendant would falsify a profit
and loss statement from Alpine Spine Center, PC, an entity which she controlled, in
order to defraud and mislead the trustee regarding the amount of cash that entity
7. On or about August 25, 2014, in the State and District of Colorado, for
the purpose of executing and concealing (and attempting to execute and conceal) the
Title 11, chapter 7, United States Code, in the U.S. Bankruptcy Court for the
2015, in the State and District of Colorado, Defendant, Cathleen Van Buskirk, being
the debtor in bankruptcy case no. 14-21678-MER, did knowingly and fraudulently
conceal from the trustee charged with control of the debtor’s property, the creditors,
and the United States Trustee, certain property belonging to the bankruptcy estate.
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before Defendant filed for bankruptcy and then failing to report the property during
• foreign currency from the United Kingdom, European Union, and Belize;
Count 3
case under Title 11, United States Code, and with the intent to defeat the provisions
of said title, did knowingly and fraudulently transfer and conceal her property by
negotiating to Multiple Ventures, LLC, a check for $170,000 that was originally
Count 4
10. On or about February 24 through 26, 2014, in the State and District of
Colorado, Defendant, in contemplation of filing her own bankruptcy case under Title
11, United States Code, and with the intent to defeat the provisions of said title, did
Defendant’s property by loaning to Fetter Logic, Inc., $170,000 that was held by
Multiple Ventures, LLC, but which was, in truth, Defendant’s money. All of the
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Count 5
Defendant, Cathleen Van Buskirk, willfully caused another to conduct and attempt
concerning funds owed by Fetter Logic, Inc. (a Colorado corporation). Such financial
transaction involved the proceeds of specified unlawful activity, that is, a fraudulent
transfer and concealment in violation of § 152, and Defendant knew that the
transaction was designed in whole and in part to conceal and disguise the nature,
location, source, ownership, and control of the proceeds of said specified unlawful
Count 6
Defendant, Cathleen Van Buskirk, did willfully cause another to conduct and
payment of funds from Golden Vision, LLC, to J.B. Such financial transaction
involved the proceeds of specified unlawful activity, that is, a fraudulent transfer
and concealment in violation of § 152, and Defendant knew that the transaction was
designed in whole and in part to conceal and disguise the nature, location, source,
ownership, and control of the proceeds of said specified unlawful activity. All of the
Notice of Forfeiture
13. Upon conviction of any of the violations alleged in Counts 2–4 of this
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• the $170,000 that was loaned to Fetter Logic, Inc., plus any interest, fees,
penalties, or other funds receivable under the terms of the promissory note;
and
14. Upon conviction of any of the violations alleged in Counts 5 and 6 of this
§ 982(a)(1), any property, real or personal, involved in such offense, or any property
traceable to such property, including (but not limited to) a money judgment in the
result of any act or omission of Defendant, cannot be located upon the exercise of
due diligence; has been transferred or sold to, or deposited with, a third party; has
been placed beyond the jurisdiction of the Court; has been substantially diminished
in value; or has been commingled with other property which cannot be divided
above.
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Case 1:17-cr-00448-WJM Document 1 Filed 12/04/17 USDC Colorado Page 7 of 7
A TRUE BILL
Robert C. Troyer
U.S. Attorney
s/Daniel E. Burrows____________
Daniel E. Burrows
E-mail: daniel.burrows@usdoj.gov
Special Assistant U.S. Attorney
s/Pegeen D. Rhyne_____________
Pegeen D. Rhyne
U.S. Attorney’s Office
1801 California St.
Suite 1600
Denver, CO 80202
Telephone: (303) 454-0100
FAX: (303) 454-0409
E-mail: pegeen.rhyne@usdoj.gov
Assistant U.S. Attorney
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ADDRESS: Erie, CO
PENALTY: § 157: NMT 5 years imprisonment and/or $250,000 fine; NMT 3 years
supervised release; $100 special assessment
§ 152(1) & (7): NMT 5 years imprisonment and/or $250,000 fine; NMT
3 years supervised release; $100 special assessment
§ 1956(a)(1): NMT 20 years imprisonment and/or $500,000 fine; NMT 3
years supervised release; $100 special assessment
other