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Friday, August 29, 1997

Man Who Lied About Finances During Divorce Case Gets Probation

By BETH HALLMARK / Abilene Reporter-News

A judge ordered five years probation Thursday for an Abilene businessman who lied about his finances during 1995 divorce proceedings.

Michael Lee Hutcheson, 50, was convicted of aggravated perjury in June for denying in sworn divorce depositions that he had bank accounts at Abilene's Bank One. Evidence later showed he had two accounts at Bank One at the time and had run about $250,000 through them.

The depositions were taken in 1995 by Hutcheson's ex-wife's attorney during divorce disputes over property division.

Aggravated perjury, a third-degree felony, is punishable by probation or from two to 10 years in prison and up to a $10,000 fine.

At Thursday's sentencing hearing before state District Judge Billy John Edwards, Hutcheson's divorce attorney took the witness stand to support his former client. Kelly Gill said Hutcheson's actions did not harm his ex-wife. But prosecutor Sandy Self said that while Carol Ann Hutcheson was waiting for her divorce from the defendant, she almost lost her house and her car because he failed to make payments. Federal liens were put on the home because Hutcheson had not filed federal tax returns in seven years, Self said.

Gill, however, said Hutcheson was not a criminal who should go to prison.

"I see Mike as a businessman with a family," Gill said.

Self questioned the defendant's devotion to his family and his reputation as a businessman. She said he had been cited for past-due child support and his business dealings had generated numerous lawsuits against him over the years.

Hutcheson remarried in November 1996, about six months after his divorce from Carol Ann Hutcheson was final.

His current wife took the stand, asking with her voice breaking that her husband be allowed to remain out of prison for the sake of his three children and stepson. The couple also recently bought a gas station, she said, and the five employees there would lose their jobs if Hutcheson were incarcerated.

Although Hutcheson's wife said she and her husband had been struggling financially, she admitted they bought a $7,000 boat in July. However, she said the boat was purchased for the gas station as a business expense for entertainment reasons.

As a condition of probation, Hutcheson was ordered to disclose to his probation officer the names and addresses of any future investors in his business dealings. He was also ordered to attend a financial management class and to pay a $5,000 fine.

 

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