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  Criminal Defense BANKRUPTCY FRAUD


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Have you been a victim of Fraud or charged with Bankruptcy Fraud ?  Have your rights in been violated? Have you been falsely accused? We can help.

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Bankruptcy Fraud:

  • A deception deliberately practiced in order to secure unfair or unlawful gain.
  • A piece of trickery; a trick.
  • One that defrauds; a cheat.
  • One who assumes a false pose; an impostor.

848 False Declarations -- 18 U.S.C. 152(3)

    The False Oath provisions of 152(2) and the False Declarations provisions of 18 U.S.C. 152(3) are closely related. Subsection (3) is derived from Subsection (2), the "false oath" offense. In 1976, Congress amended Section 152 to add Subsection 3. This amendment was made in connection with the creation of 28 U.S.C. 1746, which authorized the use of unsworn statements subscribed to under penalty of perjury but not under oath. Congress added Subsection 3 to Section 152 with the intention of making no changes to the elements of a violation of Subsection 2 of Section 152. Thus, the elements of a violation of Subsection 3 are the same as those that apply to a Subsection 2 violation. The only difference, of course, is that a violation under Subsection 3 does not require the false declaration or statement to have been made under oath.

    The policy behind the false oath/false declaration portions of Section 152 is that the debtor has a duty to produce honest, complete financial records.

Bankruptcy law presupposes that one who seeks its protection will deal honestly and fairly with creditors by furnishing a complete and accurate schedule of assets... A debtor has a paramount duty to consider all questions posed on statement or schedules carefully and see that question is answered completely in all respects.

In re Braymer, 126 B.R. 499, 503 (Bankr. N.D.Tex 1991).

    Subsection (3) provides:

A person who...knowingly and fraudulently makes a false declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, in or in relation to any case under title 11;...shall be fined..., imprisoned..., or both.

    The elements of a false declaration violation have been defined as:

      the existence of a bankruptcy proceeding; the defendant made a false declaration, certificate, verification, or other statement in relation to the bankruptcy proceeding; the statement must be material; and the statement was known to be false.

Did You Know?  
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