Bankruptcy fraud is a serious offense in the state of Maryland and may hold severe consequences. The “knowing” element is one of the requirements of proving bankruptcy fraud. It refers to the conduct – the conduct has to be committed knowingly, meaning intentional. It is an allegation of knowingly and fraudulently withholding information. By proving knowing commitment of Maryland federal bankruptcy fraud, the prosecution of a case could request for several punitive damages for you. If you have been accused of this, contacting a talented federal bank fraud attorney could be a way to avoid serious consequences and defend your reputation.
A person may not reveal an asset to the court system and that is considered withholding. If an asset is supposed to be disclosed, and a person chooses to not do so, that failure to do so could constitute a criminal act. If a person honestly was unaware that they had this asset, then they may not face criminal liability for withholding it.
Ignorance could be a reasonable defense as if it could be made clear that it is a situation where the individual willfully tried to avoid having to disclose assets. If a person does not know that conduct itself could potentially be criminal, they may not face the full brunt of a charge.
The prosecution may try to prove it was done knowingly by using circumstantial evidence. Evidence such as an email, letter, or even a recording could be used to prove the defendant may have a piece of property that failed to be disclosed. If the prosecution does not have that, they may be able to prove it with other documentation or ownership, such as a title with the petitioner’s signature on it.
Defenses for the “knowingly” element depend on what the information may be and what the alleged false statement or fraudulent representation is. A few mitigating factors that may be useful for a bankruptcy fraud case are:
Proving knowing commitment of Maryland federal bankruptcy fraud may be difficult with an experienced fraud attorney who could use these defenses in court. A Maryland fraud lawyer could help in mitigating serious penalties by using their experience and knowledge of the law.
Being accused of a serious offense such as knowingly committing a federal act could be daunting, especially if you are already undergoing an event like filing for bankruptcy. The prosecution may do everything for proving knowing commitment of Maryland federal bankruptcy fraud by using any and all circumstantial evidence. By having a confident and capable Maryland criminal attorney you could bolster the strength of your case and defend your reputation. Call today for a free consultation.