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BANKRUPTCY FRAUD CHARGES In the current economy, bankruptcy fraud has been on the rise. Bankruptcy fraud is defined as the concealing and misstatement of assets during bankruptcy proceedings. Bankruptcy fraud cases are aggressively investigated by the Internal Revenue Service’s Criminal Investigations Bankruptcy Fraud Program. After investigation cases are referred to the Department of Justice for prosecution. Both individuals and corporations can be investigated and prosecuted under bankruptcy fraud statutes. United States Code Title 11 states many of the laws with regards to bankruptcy. However, the criminal sanctions are found in United States Code Title 18, Sections 152 and 157. Section 152 provides for punishment for anyone who “knowingly and fraudulently conceals from a custodian, trustee, marshal, or other officer of the court charged with the control or custody of property, or, in connection with a case under title 11, from creditors or the United States Trustee, any property belonging to the estate of a debtor.” Those convicted of bankruptcy fraud charges face large fines and/or imprisonment of no more than five years.
If you are under investigation or face prosecution for bankruptcy fraud, it is important to seek the counsel of an experienced and knowledgeable bankruptcy fraud defense attorney as soon as possible. At Kestenbaum, Eisner, & Gorin, LLP, our attorneys have over 50 years combined experience in criminal defense cases.
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