Experienced Bankruptcy Fraud Defense

As bankruptcy filings escalate, so too does the number of criminal bankruptcy fraud investigations throughout Texas. Indeed, Assistant U.S. Attorneys are specially assigned to prosecute bankruptcy crimes in Texas. I have represented debtors and related parties, including spouses and lawyers, under investigation for alleged concealment of assets, false statements to the bankruptcy court, and other federal bankruptcy crimes. A thorough knowledge of the complexities of the bankruptcy laws is required for the successful defense of these matters. I am often referred cases by bankruptcy lawyers who are familiar with the firm's reputation and expertise in this area.

Bankruptcy is an opportunity for debtors to have a "fresh start". Bankruptcy laws are extremely complex and mistakes in filing of bankruptcy petitions are often made. While some omissions and mistakes are overlooked, willful misrepresentation of material facts on a bankruptcy petition is likely to result in a violation of one or more of federal statutes and criminal prosecution. When a "mistake" or an material misrepresentation is considered to be bankruptcy abuse or fraud, federal prosecutions extremely likely.

If you are accused or being investigated for bankruptcy fraud, as a San Antonio criminal attorney I want to help. Call me as soon as possible to review your case.

Bankruptcy fraud cases usually involve misrepresenting facts during the preparation of bankruptcy documents such as petition, schedules, and statements, all of which are submitted under penalty of perjury. Other scenarios where bankruptcy fraud occurs is during the meeting of creditors where the debtor, placed under oath, testifies regarding their financial situation.

As a Texas Bankruptcy fraud attorney, I work with:

• Debtors
• Third parties corporations
• Corporate shareholders, officers, partners, employees, agents, and fiduciaries

The federal government has many tools in its arsenal to investigate debtor’s claims. This includes examination of submitted documents or even an oral examination. Debtor’s affairs are carefully investigated by trustees or creditors’ committees who have broad authority to conduct such investigations.

Federal Bankruptcy Rule 2004 provides that the Bankruptcy Court may order the examination of any entity. The Rule is the most effective method to uncover bankruptcy fraud. When A Rule 2004 examination is ordered by Court and debtors fail to appear or submit documents, sanctions will follow.

When confronted with an investigation during bankruptcy process, you must approach the problem very seriously. If fraud is found, you may face criminal charges. The government employs accountants, brokers, appraisers, and other professionals to valuate debtor’s affairs. I utilize highly trained and experienced experts and investigators to counter the government investigation and prepare your defense.

FEDERAL BANKRUPTCY CRIMINAL CHARGES

Criminal statutes that apply to bankruptcy fraud are 18 U.S. C. Section 152 that specifically prohibits knowingly and fraudulently (1) concealing property of the estate; (2) making a false oath or account; (3) making a false declaration, verification or statement under penalty of perjury; (4) presenting or using a false proof of claim against a debtor estate; (5) receiving, post-petition, a material amount of property from a debtor with intent to defeat the provisions of the Bankruptcy Code; (6) offering, receiving, or attempting to obtain consideration for acting or refraining from acting in a case under the Bankruptcy Code; (7) transferring or concealing property in contemplation of a bankruptcy case or with intent to defeat the provisions of the Bankruptcy Code; (8) post-petition concealment or alteration of records; and (9) post-petition withholding of a debtor's records.

The statute applies to anyone who commits any of the above including debtors, creditors, fiduciaries and anyone else.

Section 153 of Title 18 makes it a crime for anyone to appropriate to their own use, embezzle, spend, or transfer any property belonging to a debtor's estate, and any actions of the same ''persons'' if they secret or destroy any document belonging to a debtor's estate.

Section 155 of title 18 prohibits knowing and fraudulent agreements that are aimed at fixing compensation in bankruptcy cases.

Section 157 of Title 18 is actually entitled ''Bankruptcy Fraud'' prohibits a person from (1) filing a bankruptcy petition; (2) filing a document in a bankruptcy case or proceeding; or (3) making a false or fraudulent representation, claim, or promise concerning or in relation to a repetition or pending bankruptcy case or proceeding (or a proceeding falsely asserted to be pending) if these acts are done as part of the scheme to defraud.

Other bankruptcy fraud criminal charges may include tampering with or falsifying records (18 U.S. C. Section 1519).

If you face charges of Bankruptcy Fraud, you need serious legal help. As a San Antonio bankruptcy fraud attorneys I have all the experience and resources necessary to build a strong defense and bring your case to the optimal conclusion.

Keeping Legal Services Within Your Reach

I offer a free initial consultation on any criminal or federal defense matter. If you are facing charges or an investigation, or there is a warrant out for your arrest, you can come to me to discuss your concerns with no further obligation. Call now at (210) 225-6600.

 

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