United States v. Mahbobeh Shariati
694 F. App'x 893
| 4th Cir. | 2017Background
- Mahbobeh Shariati filed Chapter 11 in Sept. 2013; case converted to Chapter 7 in Apr. 2014.
- Immediately before filing, Shariati transferred McLean, VA property from herself individually to herself and her husband; trustee moved to avoid that transfer.
- Bankruptcy court avoided the transfer in Jan. 2015, vesting title in the trustee and ordering Shariati to cooperate with marketing and sale; she did not appeal that order.
- Shariati repeatedly refused to cooperate, denied access, failed to provide keys, refused to vacate, was physically removed, and later reentered the property interfering with sale activities.
- Bankruptcy court held her in civil contempt and referred the matter; district court convicted her of three counts of criminal contempt (violating three specific bankruptcy orders) and sentenced her to 30 days.
- On appeal Shariati argued (1) the court ignored evidence of her husband’s interest in the property and (2) the court erred in finding a valid waiver of her right to counsel and allowing her to proceed pro se.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence about husband’s ownership interest negates criminal contempt conviction | Shariati: husband had interest; orders didn’t clearly apply to her sole rights | Government: transfer was avoided, orders were clear and binding on Shariati; ownership dispute was resolved in avoidance proceeding | Court: Evidence irrelevant; orders were clear, violations willful; conviction affirmed |
| Whether Shariati validly waived right to counsel and could proceed pro se | Shariati: waiver not valid; court erred in finding she relinquished counsel | Government: Faretta inquiry complied with; waiver clear, knowing, voluntary, timely; standby counsel provided | Court: District court complied with Faretta; waiver was valid; pro se representation permitted |
Key Cases Cited
- Allen v. United States, 587 F.3d 246 (5th Cir. 2009) (elements for criminal contempt under § 401(3))
- Westbrooks v. United States, 780 F.3d 593 (4th Cir. 2015) (contempt requires clear decree leaving no uncertainty)
- Owen v. United States, 407 F.3d 222 (4th Cir. 2005) (standard of review for waiver of counsel determination)
- Bernard v. United States, 708 F.3d 583 (4th Cir. 2013) (Faretta waiver requirements)
- Faretta v. California, 422 U.S. 806 (U.S. 1975) (defendant may waive counsel if waiver is clear, knowing, and voluntary)