Dance Moms Abby Lee Miller is doing everything she can to avoid prison time. Miller will give her side of the story in her fraud case on her last day in court. Will her testimony be enough?
Abby Lee Miller is not long from learning her fate after being indicted on fraud charges. According to Radar Online, Miller’s first day of sentencing was a desperate attempt to avoid serving time in prison.
The bankruptcy fraud sentencing hearing for the Dance Moms star begun today before a federal judge in Pittsburgh.
In the tentative findings order obtained from the U.S. District Court for the Western District of Pennsylvania. The filing claims that Miller argued her intended loss of $356,466.52 listed in her bankruptcy petition is “erroneous.”
“Defendant argues that the Sentencing Guidelines do not require a loss calculation greater than zero.
Defendant argues that she is not alleged to have concealed assets at the time she filed for bankruptcy protection, and she paid all her creditors in full.”
The judge sided with Abby Lee Miller, claiming that she was “correct” and that the court would “analyze the amount sought to be gained by defendant after hearing evidence from the government and defendant on the record at the time of sentencing.”
The Dance Moms star claimed her debts were related to mortgages on her dance studio in Pennsylvania and home in Florida. The papers revealed that the court would “hear evidence from the government and defendant on the record at the time of sentencing to determine what amounts may be excluded.”
Miller also denied smuggling cash in from Australia to the U.S. by breaking up a large sum of cash, reportedly around $120,000, into sums below $10,000 and having other individuals carry the money into the United States.
Abby Lee’s lawyers absolutely objected to the allegations.
“Ms. Miller did not break up the cash proceeds into sums below $10,000. Ms. Miller did not use minor children to carry money into the United States.”
Miller objected to using a minor to commit the crime.
“According to the PIR, defendant used minor children (her students) to carry proceeds from the Australian events into the county and failed to report this money as required.”
The court is to hear evidence from the government and defendant regarding the charge.
However, according to WYFF, Miller has reportedly agreed to forfeit the $120,000 in court today.
The judge will also listen to arguments regarding Abby Lee Miller’s losses of $148,798 in interest to Chase Bank and $97,321 in interest to PNC Bank.
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Miller did plead guilty to not reporting an international monetary transaction and also to one count of concealing bankruptcy assets in June.
The Dance Moms star’s recommended prison sentence is 0-6 months, although the judge could assign a maximum of five years. Abby Lee Miller’s second sentencing is set for February 24.
Miller’s attornies did not immediately comment on the forfeiture request filed on Tuesday.
Prosecutors have said sentencing guidelines for crimes such as Miller’s call for a prison sentence of 24 to 30 months, but the defense has fought hard that Miller’s bankruptcy creditors didn’t lose money so the sentence should range from probation to six months in jail.
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