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Wednesday, May 29, 2013

Former Michigan Supreme Court Justice imprisoned for fraud

by Jim Kouri

A bank fraud suspect who once sat on the bench of the highest court in the state of Michigan will be spending the next year of her life behind bars, the U.S. Attorney's office reported on Tuesday.

Diane M. Hathaway, a former Michigan Supreme Court Justice, was sentenced Tuesday to one year and one day in federal prison after having pleaded guilty in January to committing bank fraud in connection with a property in Grosse Pointe Park, Mich.

Judge Hathaway resigned after the Michigan Judicial Tenure Commission called for her suspension in January 2013. The Commission recommended Hathaway's immediate suspension from the court while the matter was investigated. As a result of the action, Hathaway announced her resignation from the court. Since Hathaway retired, this matter no longer falls within the jurisdiction of the Judicial Tenure Commission.

At the time of her plea before U.S. District Judge John Corbett O’Meara, the 58-year-old Democrat admitted that between 2010 and 2011, she "knowingly engaged in a scheme" to defraud ING Direct bank by concealing assets from the bank to qualify for a “short sale.”

According to the prosecutor, a short sale is the forgiveness of debt by the bank to a borrower who claims financial hardship.

Besides her 366-days in prison, Hathaway was ordered to pay restitution to the ING in the amount of $90,000.

She will also serve two-years on probation once released from prison.

Michigan Attorney General Schuette said, “Public corruption scandals have damaged the public’s trust in government and tarnished our state’s reputation. No matter who you are or what position you hold, the same rules apply. I supported U.S. Attorney Barbara McQuade’s request for prison time, and I appreciate her efforts, along with those of FBI Special Agent in Charge Bob Foley, to bring this case to a close.”

Matt Frendewey, director of communications for the Michigan Republican Party, issued the following statement: 

"Justice Hathaway's real estate scam involved transferring properties out her and her husband's name into the name of their children in order to obtain a short sale. Her actions are offensive to the many Michigan families who have faced difficult times during Michigan's economic down turn. As a justice on the highest court in Michigan, Hathaway's involvement in the alleged scam, the FBI investigation, and today's [event] undermines her ability to effectively sit in a position of judgment over Michigan citizens and the state's judicial system."

 
Jim Kouri, CPP, is founder and CEO of Kouri Associates, a homeland security, public safety and political consulting firm. He's formerly Fifth Vice-President, now a Board Member of the National Association of Chiefs of Police, an editor for ConservativeBase.com, a columnist for Examiner.com, a contributor to KGAB radio news, and news director for NewswithViews.com.


He's former chief at a New York City housing project in Washington Heights nicknamed "Crack City" by reporters covering the drug war in the 1980s. In addition, he served as director of public safety at St. Peter's University and director of security for several major organizations. He's also served on the National Drug Task Force and trained police and security officers throughout the country.


In addition, he's a blogger for the Cheyenne, Wyoming Fox News Radio affiliate KGAB (
www.kgab.com) and editor of Conservative Base Magazine (www.conservativebase.com). Kouri also serves as political advisor for Emmy and Golden Globe winning actor Michael Moriarty.


He holds a bachelor of science in Criminal Justice from Southwest University and SCI Technical School in New York City and completed training at the NYC Police Academy, FBI Continuing Education Program, and the Certified Protection Professional (CPP) of the American Society for Industrial Security.

Kouri appears regularly as on-air commentator for over 100 TV and radio news and talk shows including Fox News Channel, Oprah, McLaughlin Report, CNN Headline News, MTV, etc.