Abby Lee Miller is one step closer learning her fate today after being indicted on fraud charges. RadarOnline.com can exclusively reveal exactly what will be discussed in Miller’s first day of sentencing.
In a tentative findings order obtained from the U.S. District Court for the Western District of Pennsylvania, the filing explains how Miller argued that 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,” the order reads. “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 sides with Miller, claiming she is “correct” and that the court will “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.”
As for Miller claiming her debts relate to mortgages on her dance studio in Pennsylvania and home in Florida, the papers reveal the court will “hear evidence from the government and defendant on the record at the time of sentencing to determine what amounts may be excluded.”
Miller also denies smuggling cash from Australia into the United States by breaking up the cash into sums below $10,000 and having other individuals bring the money into the United States. The government believes she smuggled over $120,000.
She also objects 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 report read.
The court will hear evidence from the government and defendant regarding this charge.
The judge will also listen to arguments regarding Miller’s losses of $148,798 in interest to Chase Bank and $97,321 in interest to PNC Bank.
Miller pled guilty to not reporting an international monetary transaction and one count of concealing bankruptcy assets in June.
The recommended prison sentence for Miller is 0-6 months, although the judge could assign a maximum of five years. Her second sentencing day will be on February 24.
Do you think she’ll get jail time? Tell us in the comments.
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