United States Trustee’s Referral Package

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.

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