Federal Judge Curtis Collier on Friday morning gave attorney Shannon Leigh Clark a minimum 10-month sentence, including five months behind bars, in a fraud case.
He said she could serve the five months over the next two summers since she has three children, including a son with special issues.
After the five months of time in a federal prison, she will be under home confinement with a monitoring device for the final five months.
The guilty plea was in connection with not listing certain assets in a bankruptcy case filed for herself in Knoxville. Ms. Clark specialized in handling bankruptcy cases. Federal officials said the proper venue for the case should have been in Chattanooga, rather than Knoxville.
Bill Ortwein, attorney for Ms. Clark, said other attorneys here had taken bankruptcy in Knoxville to avoid embarrassment.
A pre-sentence report recommended a stiffer sentence for a "special skills enhancement" - since Ms. Clark is an attorney and she took part in the Knoxville bankruptcy. Officials said the bankruptcy was filed by attorney Lisa Espy, who they said does not practice often in bankruptcy court. They said at one point Ms. Clark was representing herself in the case, which was eventually disallowed.
Attorney Ortwein argued that the special skills enhancement should not apply, saying leaving out certain assets was "an error of omission" and did not relate to her being an attorney. Prosecutor Gary Humble said it was a close question, but the government was willing to give her "the benefit of the doubt." But Judge Collier found the skills enhancement did apply. It took the sentencing range to 10-16 months.
Attorney Ortwein said part of Ms. Clark's troubles relate to her former husband, Patrick Clark, who he called "a con man." Patrick Clark was earlier convicted of fraud and is serving a federal prison term through March of next year.
He said Ms. Clark began working at age 11 to help support her family and she put herself through college and law school. He said she will never be able to practice law again, and "all her hard work and all her dreams are gone."
Ms. Clark told Judge Collier, "I'm truly sorry for what I've done. I did some stupid things, and I should have known better. I just ask leniency for the benefit of my family so I can take care of them."
Prosecutor Humble said charges were brought against Ms. Clark "to get her out of Bankruptcy Court. She has been a problem over there with a lot of her practice and her practices."
Judge Collier told Ms. Clark she should never have become an attorney, saying she lacks "the intestinal fortitude to avoid making errors."
Though he said he would not put down a ban on her resuming the law practice, he would strongly urge her to take another career. He noted that Howard Cosell did not enjoy the law profession and became a prominent sports announcer.
The judge said there needed to be prison time as a deterrent to others who might consider leaving out assets on bankruptcy petitions.