Bankruptcy Fraud in Nassau County
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Bankruptcy is a legal option that allows you to restructure or discharge some of your debts to help you recover financially. This option is available to both individuals and businesses, with different “chapters” being available to different individuals based on their types of debt and their financial situation. However, some people choose to use these provisions as a way of avoiding their debts while escaping with additional cash or assets in their pockets. Bankruptcy fraud is a serious federal crime, pursuant to Title 18, United States Code Section 152.
If you are accused of bankruptcy fraud by the Department of Justice, Federal Bureau of Investigation, or the Internal Revenue Service, you could be facing life-changing circumstances. When this happens, you cannot afford to go without a powerful ally in a Nassau County criminal defense lawyer from Foley Griffin. We are dedicated to a unique and time-tested system for criminal defense representation that places each of our client’s needs and best interests at the forefront of our entire strategy. We believe everyone deserves to be treated with dignity and respect, including a thorough and prompt investigation in order to fully prepare for their case. Our attorneys have developed a strong reputation for their abilities, integrity, and dedication to ethical practices, exemplified in their perfect 10.0 Superb rating from Avvo.
Don’t wait! Start assembling your hard-hitting defense by calling Foley Griffin today! Dial (888) 966-8480 to receive a free, confidential consultation from a member of our skilled team!
Debtor Bankruptcy Fraud
When you declare bankruptcy, you’ll be required to disclose everything you own, including any savings accounts, retirement benefits, valuable possessions, and more. However, some people choose to hide some of these things by transferring them to someone else or placing them in a bankruptcy-exempt form before attempting to absolve their debts. This is against the law, as it takes advantage of a program that is reserved for those who have fallen into financial dire straits, not for those who simply wish to skip out on accumulated debt.
Bankruptcy fraud can be charged if a debtor (one who owes a debt to creditors or lenders) knowingly and willingly does any of the following:
- Concealing property belonging to them
- Making false accounts or oaths in relation to their bankruptcy
- Making a false declaration under penalty of perjury
- Making a false claim against the estate
- Transferring or concealing property in anticipation of declaring bankruptcy
- Concealing or destroying documents related to a debtor in bankruptcy
- Withholding documents from the administrators of any bankruptcy
Third parties can also become involved in bankruptcy fraud schemes by assisting a debtor with perpetrating the crime. This can include offering to conceal assets on behalf of a debtor, making false statements regarding the accounts of a debtor, or even offering to hide assets for a debtor in any way. However, as with debtors themselves, these actions must be done knowingly and willingly in order for a crime to be perpetrated, and mistakes or errors are exempt from criminal charges.
Creditor Bankruptcy Fraud
Those who are considering declaring bankruptcy are often some of the most vulnerable people, and many will listen to nearly anything they’re told in regards to their financial health. Unfortunately, this means there are numerous scammers who prey on these individuals by lying to obtain money or property from them. Most often they accomplish this by promising some sort of a bankruptcy benefit, both others pose as creditors or debt collectors and threaten them with supposed legal action.
Creditors can also found guilty of bankruptcy fraud by attempting to perpetuate false claims against a debtor. Making a false claim regarding the estate of a debtor, threatening a debtor with bankruptcy in order to receive money or property, receiving or soliciting bribes with threats of bankruptcy, or making any other form of a false claim that would harm a debtor is considered to be bankruptcy fraud and could land those responsible in serious legal trouble.
If you’re facing bankruptcy fraud accusations, contact Foley Griffin online today!
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