Ocean County Bankruptcy Attorney for Bankruptcy fraud defense.
Riviere Cresci & Singer LLC, has a team of experienced Bankruptcy Fraud Attorneys.
While Bankruptcy is an opportunity to get a “fresh start,” bankruptcy laws are very complex and mistakes are sometimes made when filing of bankruptcy petitions. A Trustee may overlook omissions and mistakes however, concealing assets or making false statements in a bankruptcy proceeding is bankruptcy fraud.
The United States Trustees refer cases of suspected bankruptcy fraud to the United States Attorney. Also, United States Trustee offices act as resources to the United States Attorney in that they are available to assist with the investigation of bankruptcy fraud and the preparation of the case for trial. So, If bankruptcy fraud is suspected, the case is referred to the United States Attorney’s Office for prosecution and can result in a violation of one or more of federal statutes and criminal prosecution.
If you or someone you know is under investigation for bankruptcy fraud, Call one of our Trenton Bankruptcy Fraud attorneys at Riviere Cresci & Singer LLC. (732)-646-5529
If you or someone you know is under investigation for bankruptcy fraud or has been indicted, call our experienced bankruptcy fraud attorneys today and we will fight the government’s prosecution.
Call one of our Trenton Bankruptcy Fraud attorneys today!
When the United States Trustee’s office sends a referral to the United States Attorney’s office, what does the referral package consist of? In a typical case, the referral package consists of a letter addressed to the United States Attorney or the Fraud Coordinator which embodies a basic explanation of who the debtor is, the facts comprising the potential federal crime(s), why the conduct falls under one of the criminal bankruptcy provisions (18 U.S.C. §§ 151-57), and a summary as to why the facts justify investigation and prosecution. Sometimes, the referral package includes forensic evidence, such as writing samples.
If your case has been referred to the United States Attorney’s Office this means that they are reviewing the case for possible criminal prosecution. The professionals in their staff include: lawyers, accountants, and analysts. These professionals examine bankruptcy documents and testimony to determine whether, among other things, the law is being followed by all parties. They also develop information concerning abuse of the bankruptcy laws (which would warrant civil proceedings) or fraudulent or criminal conduct.
If you are accused or being investigated for bankruptcy fraud, our experienced legal team of Bankruptcy Fraud Defense Attorneys in Trenton is ready to help. Call us ASAP to review your case with us. Bankruptcy fraud cases involving sections 152 and 157 of Title 18 delineate common bankruptcy crimes. Both sections require the government to prove intent. Under 11 U.S.C. § 152, the government must establish that the defendant acted “knowingly and fraudulently.” Similarly, the government must show specific intent to defraud under 18 U.S.C. § 157.
Fraud can arise when you misrepresent the facts during the preparation of bankruptcy documents such as petition, schedules, and statements; all of which are submitted under penalty of perjury. Other scenarios where bankruptcy fraud occurs is during the meeting of creditors where the debtor, placed under oath, testifies regarding their financial situation.
The United States Trustees Office has a variety of methods to investigate debtors for possible fraud. They can examine the documents you submitted or even compel an oral examination. Debtor’s affairs are carefully investigated by trustees or creditors’ committees who have broad authority to conduct such investigations.
Federal Bankruptcy Rule 2004 provides that the Bankruptcy Court may order the examination of any entity or person. With Rule 2004 examinations, and adversary proceedings, the USTs can help AUSAs by identifying conflicting and false statements made under oath. If a Rule 2004 examination is ordered by Court and debtors fail to appear or submit documents, sanctions will follow.
If you or someone you know is the subjection of an investigation during a bankruptcy process, you must not take it lightly. For if fraud is found, you may face criminal charges. Riviere Cresci and Singer LLC works with our own team of experts and investigators, to counter the government’s investigation, and build your best possible defense.
Criminal statutes that apply to bankruptcy fraud are 18 U.S.C. Section 152 that specifically prohibits knowingly and fraudulently (1) concealing property of the estate; (2) making a false oath or account; (3) making a false declaration, verification or statement under penalty of perjury; (4) presenting or using a false proof of claim against a debtor estate; (5) receiving, post-petition, a material amount of property from a debtor with intent to defeat the provisions of the Bankruptcy Code; (6) offering, receiving, or attempting to obtain consideration for acting or refraining from acting in a case under the Bankruptcy Code; (7) transferring or concealing property in contemplation of a bankruptcy case or with intent to defeat the provisions of the Bankruptcy Code; (8) post-petition concealment or alteration of records; and (9) post-petition withholding of a debtor’s records.
The statute applies to anyone who commits any of the above including debtors, creditors, fiduciaries and anyone else.
Section 153 of Title 18 makes it a crime for anyone to appropriate to their own use, embezzle, spend, or transfer any property belonging to a debtor’s estate, and any actions of the same ”persons” if they secret or destroy any document belonging to a debtor’s estate.
Section 155 of title 18 prohibits knowing and fraudulent agreements that are aimed at fixing compensation in bankruptcy cases.
Section 157 of Title 18 is actually entitled ”Bankruptcy Fraud” prohibits a person from (1) filing a bankruptcy petition; (2) filing a document in a bankruptcy case or proceeding; or (3) making a false or fraudulent representation, claim, or promise concerning or in relation to a prepetition or pending bankruptcy case or proceeding (or a proceeding falsely asserted to be pending) if these acts are done as part of the scheme to defraud.
Other bankruptcy fraud criminal charges may include tampering with or falsifying records (18 U.S.C. Section 1519)
On or about the _____day of _____ , in the _______District of____________, JOHN DOE, defendant herein, did in this district and elsewhere knowingly and fraudulently conceal property belonging to ABC INC., Bankruptcy Case No. ______ , specifically two automobiles, ________, etc., from the trustee charged with control of the debtor’s property and from the creditors and the United States Trustee.
All in violation of 18 U.S.C. §§ 152 and 2