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Sunday, September 18, 2011

Mobile man gets 10 months in prison for forging bankruptcy judge's signature

MOBILE, Alabama 
A Mobile man who forged a bankruptcy judge’s signature on a document that he submitted in a child support case must go to prison for 10 months, a federal judge in Mobile ruled last week. 
James Clayton Gibson
James Clayton Gibson, 41, apologized for his conduct, calling it “wrong and stupid.” His lawyer, Andrew Jones, said that his client panicked at the prospect of being held in contempt for failing to pay child support.
“In my opinion, it was borne of fear. People act irrationally sometimes when they’re afraid. I think that’s what happened here,” Jones said. 

Gibson admitted in May that he submitted documents to Mobile County Circuit Court containing a forged signature of U.S. Bankruptcy Judge William Shulman. The documents falsely indicated that Gibson was involved in a bankruptcy case, which would have halted the state court hearing. 

As a result of the forgery, Mobile County Circuit Judge George Brown dismissed the contempt motion that Gibson’s ex-wife had filed against him, according to court records. 

Shulman told U.S. District Judge Ginny Granade last week that this was the first time that someone had forged his signature on a legal document. 

Assistant U.S. Attorney Christopher Bodnar urged Granade to punish Gibson according to advisory sentencing guidelines. 

“I don’t doubt this was a moment of irrational thought. It looks like this was thrown together at the last minute,” he said. “However, the forging of a judge’s order is serious business.” 

Granade expressed sympathy for the apprehension that Gibson felt about appearing for the contempt hearing. But she added, “I don’t know of any litigant who isn’t apprehensive in that situation.” 

Granade said that a “slap on the hand” would be insufficient, and she denied a request that the defendant be able to serve some of the time under house arrest.

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