Pensacola Man Convicted of Bankruptcy Fraud

Pensacola, Florida - Gregory R. Miller, United States Attorney for the Northern District of Florida, announced that following a four-day trial ending February 22, a federal jury convicted attorney Tommy E. McPherson, 69, of Pensacola, Florida of bankruptcy fraud (Count One of the Indictment) and false statements in connection with bankruptcy (Counts Two and Three of the Indictment). McPherson is a practicing Pensacola attorney licensed in the State of Florida.

Evidence at trial proved that the McPhersons devised a scheme to defraud the Bankruptcy Court. McPherson's wife, Jeanette McPherson, filed a voluntary bankruptcy petition in United States Bankruptcy Court for the Northern District of Florida in May of 2002. The Petition, prepared by Tommy McPherson's law office, sought the discharge of approximately $41,000 in debt, much of which was declared to be due to gambling losses. In the Petition, Jeanette McPherson swore that she resided at a friend's apartment in Pensacola, Florida, that she paid monthly rent, and that she received monthly alimony from Tommy McPherson. At a creditor's meeting, Jeanette McPherson claimed that she had been legally separated from Tommy McPherson since December 1999. She further claimed that he held no assets which could be liquidated to pay her debts. Tommy McPherson attended the meeting as an "interested party," and offered to the Bankruptcy Trustee a false "separation agreement" to support his wife's claims.

Because of these and other representations, the Bankruptcy Court discharged the debt in September of 2002. None of these representations was true. The Federal Bureau of Investigation determined that Tommy and Jeanette McPherson were not legally separated, and in fact resided in the same Pensacola household. Evidence further revealed that the McPhersons jointly held assets not disclosed to the Bankruptcy Court, including bank accounts, an automobile and personal property, which assets were sufficient to satisfy Jeanette McPherson's debts. Jeanette McPherson entered a plea of guilty to bankruptcy fraud on February 8, and is scheduled to be sentenced by Senior United States District Judge Lacey A. Collier on April 24. Tommy McPherson is scheduled to be sentenced by Judge Collier on May 8. The investigation was conducted by the Federal Bureau of Investigation. The case was prosecuted by Assistant U.S. Attorney Michelle M. Heldmyer.