Bankruptcy - Fraudulent Concealment of Assets - Elements of the Offense (18 U.S.C. Sec. 152(1))

• Category: Federal - Jury Instructions - 5th Circuit - Civil - Bank Fraud
• State: Multi-State
• Control #: US-3RDCIR-6-18-152-1-CR
• Format: Word

Description

Bankruptcy - Fraudulent Concealment of Assets - Elements of the Offense (18 U.S.C. Sec. 152(1)) Source: http://www.ca3.uscourts.gov/model-criminal-jury-table-contents-and-instructions Bankruptcy — Fraudulent Concealment of Asset— - Elements of the Offense (18 U.S.C. Sec. 152(1)) is an offense that occurs when an individual or entity conceals assets from a bankruptcy court. The offense is punishable by up to 5 years in prison and a fine of up to $250,000. To be found guilty of this offense, the court must find that the defendant made a false statement or withheld information related to the debtor's assets with the intent to deceive the bankruptcy court. The defendant must also have known that the information provided was false or misleading. There are two types of Bankruptcy — Fraudulent Concealment of Asset— - Elements of the Offense (18 U.S.C. Sec. 152(1)): (1) Concealment of Assets; and (2) Fraudulent Transfer of Assets. In the case of Concealment of Assets, the defendant must have knowingly concealed assets from the bankruptcy court, while in the case of Fraudulent Transfer of Assets, the defendant must have transferred assets with the intent to defraud the bankruptcy court.

Bankruptcy — Fraudulent Concealment of Asset— - Elements of the Offense (18 U.S.C. Sec. 152(1)) is an offense that occurs when an individual or entity conceals assets from a bankruptcy court. The offense is punishable by up to 5 years in prison and a fine of up to $250,000. To be found guilty of this offense, the court must find that the defendant made a false statement or withheld information related to the debtor's assets with the intent to deceive the bankruptcy court. The defendant must also have known that the information provided was false or misleading. There are two types of Bankruptcy — Fraudulent Concealment of Asset— - Elements of the Offense (18 U.S.C. Sec. 152(1)): (1) Concealment of Assets; and (2) Fraudulent Transfer of Assets. In the case of Concealment of Assets, the defendant must have knowingly concealed assets from the bankruptcy court, while in the case of Fraudulent Transfer of Assets, the defendant must have transferred assets with the intent to defraud the bankruptcy court.