Shon Jason Treanor and Jill Diana Treanor
RULING ON SHON TREANOR‘S PETITION TO SUBMIT DIRECT EVIDENCE OF ALLEGED FRAUD AND OTHER CRIMES DIRECTLY TO THE U.S. ATTORNEY AND OTHER LAW ENFORCEMENT AGENCIES
INTRODUCTION
Co-debtor Shon Treanor (“Shon” or “Treanor“) petitions the court to refer Shon‘s evidence of alleged fraud and other crimes to the United States Attorney. The court does not have reasonable grounds for believing that any violation of the relevant bankruptcy crime statutes has been presented. For that and other reasons, the court denies the petition without prejudice.
BACKGROUND
This bankruptcy case was filed on June 30, 2020. The debtors received their discharge on February 17, 2021, and the case was closed on December 27, 2022. Docket generally. At the end of the case, the trustee paid Shon and co-debtor Jill Treanor each $159,823.26. Doc. #505.
Shortly after, Jill Treanor filed a handwritten “Motion to Receive Proceeds from the Sale of My Home.” Doc. #514. No further statement was filed in support of the motion.
A month and one-half later, Shon filed this “Petition to Submit Direct Evidence.” Doc. #519. The hearing on both motions was originally set for April 23, 2026. The hearing has been continued a few times at the request of Jill Treanor. Both motions were then set June 9, 2026, at 1:30 p.m. by order dated May 20, 2026. Docs. #533, #534. Jill Treanor requested and received another continuance of her motion only. Doc. #539. This motion was heard June 9, 2026.
This bankruptcy case has been riddled with disagreements and allegations of fraud by the debtors. The debtors discharged counsel during the case.1
The alleged crimes and cover up asserted by Treanor here relate to probate estate and trust litigation in both Fresno and Solano counties, California. The relevant events began in 2014 through 2018.2
Though Cheryl had no children, Mark had a niece, Jill Treanor. Shon was Jill‘s spouse.
The elder Bandys were cared for by Terry Novak and others. Cheryl was cared for by the Treanors until her death in March 2014.
Wayne Bandy allegedly wished to disinherit Mark. So, Wayne and Mary hired attorney Donna Standard to draft two wills sometime in mid-2014. Mary never signed her will. Wayne signed his. However, the Bandys had an existing trust since 2002.
Cheryl signed a trust shortly before her death giving the Treanors a substantial amount if not all of her assets. Cheryl resided in Solano County when she died.
Then the litigation circus began. Two separate probate proceedings for the Bandys were started in Fresno County.3
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The Treanors were dissatisfied with the manner in which the probates in Fresno County were handled. They sincerely believed that criminal activity was involved not only in the drafting and presentation of the wills to the Bandys shortly before their death but also in the very care given to the Bandys. Equally disturbing allegations were made against the Treanors concerning their alleged undue influence over Cheryl when her trust was prepared.
The Treanors sought an investigation by the Fresno County Sheriff‘s Office into the Bandys’ death and alleged undue influence. They were dissatisfied with the result of that investigation. They went to other law enforcement agencies including the Internal Affairs Division of the Fresno County Sherrif‘s Office without success. They submitted evidence to the Fresno County District Attorney‘s Office who declined to prosecute finding that there was not enough evidence to establish proof beyond a reasonable doubt of any criminal activity. The Treanors asked the California Attorney General to review that decision. The Attorney General determined that the District Attorney did not abuse its discretion in declining to prosecute. The Treanors had sought an investigation by the United States Attorney. They have been frustrated there as well. Shon has
It is not entirely clear from a review of the documents by the court in camera, but it appears that the two probate estates in Fresno County and the claims involved were settled between Mark Bandy and Terry Novak. Litigation in Solano County continued through trial. The Treanors apparently prevailed in that trial. However, it is unclear what, if anything, the Treanors received as a result of their trial victory.4
During their bankruptcy case, the Treanors filed a motion for a U.S. Attorney General criminal investigation into fraud. See Docket Control Number SJT-2. Judge Sargis issued two orders on that motion. First he set a hearing and invited counsel involved including an Assistant United States Attorney, to participate. Doc. #299. The hearing was on June 17, 2021, and the court issued a ruling denying the motion/application without prejudice. Doc. #306.5
Shon now asks the court to look again at his evidence and some new evidence he claims supports an inference of criminal activity surrounding the Bandys’ death. He ultimately asks again for the court to refer the matter to the U.S. Attorney.6
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Jurisdiction is founded on
ANALYSIS
I. The Controlling Statute Limits the Matters This Court Must Refer.
(a) Any judge...having reasonable grounds for believing that any violation under [the bankruptcy crime statutes] or other laws of the United States relating to insolvent debtors...has been committed or that an investigation should be had in connection therewith, shall report to the appropriate United States Attorney all the facts and circumstances of the case, the names of the witnesses and the offense or offenses believed to have been committed. Where one of such officers has made such report, the others need not do so.
(b) The United States Attorney thereupon shall inquire into the facts and report thereon to the judge, and if it appears probable that any such offense has been committed, shall without delay, present the matter to the grand jury, unless upon inquiry and examination he decides that the ends of public justice do not require investigation or prosecution, in which case he shall report the facts to the Attorney General for his direction.
Notably absent from that statute is any provision saying the court shall report upon the application or motion of a debtor or any other individual. Further, the decision whether to proceed with a prosecution is made only by the United States Attorney if it appears probable that an offense has been committed. The
A debtor cannot require a court to refer matters for criminal prosecution. Mays v. CitiBank, N.A., 04-20227-CIV Lenard/Simonton; 2005 U.S. Dist. LEXIS 46358*10 (S.D. Fla. 2005) aff‘d 180 Fed. Appx. 143 (11th Circuit, 2006); Virginia Hospital Center Arlington Health Systems v. Akl (In re Akl), 2010 Bankruptcy LEXIS 1338, (Bankr. D.C. April 23, 2010). A judge may report certain conduct to the United States Attorney, but the court has no authority to determine whether a prosecution should occur. Gibbs v. Nationstar Mortgage, LLC (In re Gibbs), 19-54809; 2022 Bankruptcy LEXIS 579*17 (Bankr. N.D. Ga. March 4, 2022).
So, the question is not whether the court must refer the matter based upon a debtor or any party‘s request. The answer is no. The real question is whether this court was presented with reasonable grounds for belief that a bankruptcy crime has been committed. Those grounds do not exist here.
II. This court Does Not Have Reasonable Grounds to Believe a Bankruptcy Crime Has Occurred.
The bankruptcy crimes referenced in
- Conceal from an official property belonging to the estate;
- Present a false oath in relation to any case;
Presents a false claim; - Receives material property after a bankruptcy filing and conceals same;
- Commits bribery for acting or not acting in a bankruptcy case;
- With intent to defeat provisions of Title 11, conceals any of its property or as an agent of a corporation;
- Falsifies books in contemplation of filing or thereafter relating to property or the financial affairs of a debtor;
- After filing of the bankruptcy withholds from an officer of the court any recorded information relating to property or the financial affairs of a debtor.
The court has paraphrased the proscribed activity. However, alleged conspiratorial acts of fraud or other crimes relating to probate or trust proceedings are not bankruptcy crimes. They did not affect this bankruptcy case. As another example,
There is simply no reasonable grounds for this court to refer the matter to the U.S. Attorney or another prosecutorial agency. There is no reasonable grounds for belief that a bankruptcy crime has been committed. Gibbs. Section 3057 is not
III. The Debtors Have No Standing to Request Such a Referral.
As mentioned above,
IV. Other Reasons Why a Referral is not Mandated Here.
There are other reasons why a referral is not required here. First, it is unnecessary. All persons already have the unfettered right to report potential bankruptcy crimes or other crimes for investigation directly to the United States Attorney. Baroni 643 B.R. at 275; In re Valentine, 386, 387-88 (Bankr. E.D. Mich. 1996). Shon or Jill can report crimes to the appropriate agency.
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Third, application of
Fourth, the statute of limitations for bankruptcy crimes has expired. Even if any of the acts involved here amounted to a bankruptcy crime – they do not – the statute of limitations may have run. The statute of limitations for bankruptcy crimes with the exception of concealment of assets of a debtor is five years from the offense. The actions here occurred in 2014 through
This court expresses no opinion on alleged non-bankruptcy related crimes Shon contends may have occurred.
CONCLUSION
This court does not doubt the Treanors’ sincerity. Indeed, they fought this fight for many years and eventually prevailed at least in the Solano County matter. The court certainly understands how the Treanors feel that they have not been taken seriously by the various law enforcement agencies to whom they have presented their facts. But this court‘s authority to refer this matter to the United States Attorney requires that this court have a reasonable ground for believing that a violation of the bankruptcy crime statutes has occurred. For the forgoing reasons, this court does not have that belief. Nevertheless, the court does not want to preclude the Treanors from continuing to approach law enforcement agencies should they desire to do so.
Dated: Jun 23, 2026
By the Court
René Lastreto II, Judge
United States Bankruptcy Court
Service List - Not Part of Order/Judgment
The Clerk of Court is instructed to send the Order/Judgment or other court generated document transmitted herewith to the parties below. The Clerk of Court will send the Order via the BNC or, if checked ___, via the U.S. mail.
Shon Jason Treanor
4390 Emerald Ridge Lane
Fairfield, CA 94534
Jill Diana Treanor
2100 West Texas Street #52
Fairfield, CA 94533
Office of the U.S. Trustee
United States Courthouse
2500 Tulare Street, Room 1401
Fresno, CA 93721