United States v. Earl Everett Kaldenberg

In a jury trial, appellant was convicted on seven counts of an indictment charging him with seven separate violations of 18 U.S.C. § 152 , concealment of assets in a bankruptcy proceeding. He appeals. We affirm.

The facts are not seriously in dispute. Appellant’s business venture, B.J.K. Development Company, Inc., engaged in building and leasing homes, filed a petition for reorganization under Chapter 11 of the Bankruptcy Act in the fall of 1966. A receiver was appointed on December 1st of that year. The receiver was empowered to collect all rentals from the bankrupt’s property. After the appointment, three different persons rented three distinct parcels of B.J.K. property from appellant. They made periodic rental payments to appellant, which he retained and failed to disclose to the receiver. The counts on which the appellant was convicted reflect the various rental payments received from two of the tenants in accordance with their unauthorized rental agreements with appellant. The evidence is undisputed that one tenant paid appellant the sum of $563.54 on March 14, 1967, $350.-00 on April 10, 1967 and $335.00 on May 9th of the same year. Another tenant testified that she and…