Home > Uncategorized > Under Penalty of Perjury: Former Real Estate Chief Pleads Guilty to Perjury

Under Penalty of Perjury: Former Real Estate Chief Pleads Guilty to Perjury

These past few weeks I have been inundated with depositions in several real estate lawsuits.

 

Whenever I prepare my clients for depositions I always emphasize the overarching rule when being deposed:

 

tell the truth.

 

There can be serious consequences for giving false statements under oath.

 

Under Michigan Law, MCL § 750.423 perjury is a felony.

“(1) Any person…of whom an oath is required by law, who willfully swears falsely in regard to any matter or thing respecting which the oath is authorized or required is guilty of perjury, a felony punishable by imprisonment for not more than 15 years.”

 

A felony is a serious deal!

 

Apparently A former chief of the real estate investment and capitalization practice at Troutman Sanders took lightly to the oath to tell the truth he gave while testifying at a deposition.

The ABA Journal reports the story here:

http://www.abajournal.com/news/article/formger_practice_group_chair_at_well-known_firm_takes_plea_in_perjury_case/?utm_source=maestro&utm_medium=email&utm_campaign=daily_email

 

The testimony concerned a complex real estate litigation involving a real estate mogul Ruby Schron, and a $1.3 billion leverage buyout in 2004 of nursing home operator Mariner Health Services, the article explains.

In a statement made before a court on Wednesday, the former chief of real estate stated : “On January 25, 2011 I testified at a deposition in the civil matters at a law office in Manhattan. Prior to giving my testimony, I affirmed before a notary public that I would testify truthfully. During the deposition, however, I intentionally made a false statement that I did not believe to be true” . “I testified at that deposition that, in the summer of 2009, I told [an associate] that the $100 million loan had not been funded, a relevant fact, when in truth I did not have that conversation.

 

The District Attorney’s Office for Manhattan provided more details: http://www.manhattanda.org/press-release/da-vance-former-attorney-and-law-firm-partner-convicted-perjury-false-testimony-during

 

This former chief of real estate practice (and also a former attorney) received a misdemeanor conviction, fine, and 150 hours of community service.

 

 

 

email: Jeshua@dwlawpc.com

http://www.dwlawpc.com

 

 

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