The word “fraudulent” means with an intent to deceive. In a fraud case, an individual is required to present the extent of their assets to the court. If an individual presents information or makes the representation with the intent to mislead, then that could be considered fraudulent. In this circumstance, the prosecution’s goal may be proving fraudulent commitment of Maryland federal bankruptcy fraud in order to prove their case. A talented federal bankruptcy fraud attorney may know the ways in which the prosecution typically does this, and craft a strong defense to help you avoid consequences.
There could be a couple of different ways in which the prosecution may try proving fraudulent commitment of Maryland federal bankruptcy fraud. If there is some sort of communication statement from the defendant indicating that they may have planned to present false information, that could be strong evidence.
The defendant’s choices, behavior, and decisions made surrounding the statement could be used to show that the person had the intent and maintaining the asset and not turning it over to the bankruptcy court. That could be one piece of circumstantial evidence or it could be a testimony. Even though these may not be a physical representation of fraudulent activity, like a letter or email, this evidence could still be used to support the prosecution’s case.
There could also be testimony from another individual who could state in court that the defendant made a statement regarding their assets even it was not recorded. That defense could push back against that claim but could be considered a strong piece of evidence for the government to use to try to prove that conduct was done fraudulently.
The bankruptcy statutes apply to any kind of obstruction or undermining of the bankruptcy process. People other than the person filing for bankruptcy could be charged with bankruptcy fraud as well. Often, this is the petitioner but it could be any other parties who are involved in that process and the statute covers conduct that affects all different aspects of the bankruptcy process – not only the behavior of petitioner.
When presenting assets in court there could easily be mistakes made by the defendant in presenting to the court. These issues may happen and that could be a defense. The court may look at the context of the statement and/or the context of the conduct that was allegedly criminal, but it has to be done knowingly and fraudulently. If it could be shown by a skilled attorney that the incident was a reasonable and honest mistake then that could be a defense.
Accusations of bankruptcy fraud hold serious weight in the state of Maryland. Proving fraudulent commitment of Maryland federal bankruptcy fraud may be the prosecution’s goal, but by seeking the help of an experienced lawyer you could build a strong case and protect your reputation.