Federal bankruptcy fraud is an offense that is covered by a few different statutes, including Title 18, Section 157 of the U.S. code. It means false representation or misuse of the bankruptcy process. One of the most straightforward types of bankruptcy fraud is simply making a false representation on a bankruptcy petition. Knowingly filing something that is a false claim, misrepresenting their assets, failing to include certain items, and misrepresenting ownership of different assets are all Maryland federal bankruptcy fraud offenses.
Bankruptcy fraud is one federal offense, with the specific charge listed in the criminal statutes for bankruptcy fraud. It is specifically for making false claims in a bankruptcy petition or scheming with others to commit fraud. Concealing assets is very common. It is an offense to knowingly disregard bankruptcy law. There are a few other related types of misconduct that are generally considered to be bankruptcy fraud under that umbrella term. The consequences for bankruptcy fraud offenses can be quite severe, which is why it is important to work with a capable federal bankruptcy lawyer. An experienced legal advocate could work diligently to protect your rights and ensure that you receive a fair trial.
Bribery of a bankruptcy creditor is where a person bribes a creditor during the bankruptcy proceeding. It is a crime to bribe those creditors to attempt to get a creditor to modify or dismiss its claim to certain assets. It can be done in a few different ways. It can be done by trying to give a creditor an interest in property prior to the commencement of bankruptcy proceedings. This involves circumventing the lawful bankruptcy process to influence a creditor’s claim. Bribery of a bankruptcy creditor constitutes a crime under the federal statute because it undermines the legislative process.
A bankruptcy lawyer can get charged with Maryland federal bankruptcy fraud offenses. The bankruptcy fraud statute applies to anyone who comes up with a scheme, is involved in making a false claim, or uses fraudulent misrepresentation in a bankruptcy petition. In addition to being the individual who is the subject of the bankruptcy proceeding, it could also be an attorney or anybody else involved in that process. If the lawyer knowingly makes false representations or conspires or schemes with the petitioner to make those false representations, then there is nothing that prevents the lawyer from being charged for their alleged involvement.
In these instances, a bankruptcy lawyer could face charges for bankruptcy fraud or concealment of assets. One of the aspects of concealment of assets is if an individual who is facing potential bankruptcy proceeding gives a security interest in unsecured property to a family member. The property will be with the family member rather than distributed to a creditor. If the lawyer facilitates that or receives a secured interest, then they are potentially liable. A shell company or legal corporate entity may try to hide the lawyer’s involvement, but at the end of the day, the lawyer could devise a scheme so that they retain interest in the property. In that case, the lawyer could be liable for concealing the assets.
If you have been charged with concealing assets or another one of the Maryland federal bankruptcy fraud offenses, consult an experienced bankruptcy fraud attorney. A seasoned attorney could examine the facts of your case and begin to build a defense that suits your case. They could work diligently to achieve a positive outcome for you. Consult a skilled legal advocate today and know that you are in capable hands.