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18 U.S.C. § 152 — Concealment of assets; false oaths and claims; bribery

submitted 78 years ago by ch. 645 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 390 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section makes nine kinds of bankruptcy fraud federal crimes. These include hiding assets from a bankruptcy trustee, lying under oath in a bankruptcy case, filing a false claim, and bribing someone connected to a bankruptcy case. Anyone convicted faces up to five years in prison, a fine, or both.

A person who, knowingly and fraudulently, does any of the following in connection with a bankruptcy case commits a crime: (1) conceals property belonging to a debtor's estate from a custodian, trustee, marshal, or other court officer, or — in a title 11 case — from creditors or the United States Trustee; (2) makes a false oath or account in or about a case under title 11; (3) makes a false sworn declaration, certificate, verification, or statement in or about a case under title 11; (4) presents a false claim against a debtor's estate, or uses one, personally or through an agent, proxy, or attorney; (5) knowingly and fraudulently receives a material amount of property from a debtor after a case under title 11 is filed, intending to defeat title 11's provisions; (6) gives, offers, receives, or attempts to obtain money, property, or any other reward, compensation, or promise of one, for acting or refraining from acting in a case under title 11; (7) — personally, or as an agent or officer of a person or corporation — transfers or conceals property in contemplation of a case under title 11, or intending to defeat title 11's provisions; (8) after a case is filed (or in contemplation of one), knowingly and fraudulently conceals, destroys, mutilates, falsifies, or makes a false entry in records relating to a debtor's property or finances; or (9) after a case is filed, knowingly and fraudulently withholds such records from a custodian, trustee, marshal, other court officer, or United States Trustee entitled to have them. Anyone who does any of these things is subject to a fine under this title, imprisonment for up to five years, or both.
the actual law source: uscode.house.gov ↗public domain

A person who—

(1)

knowingly and fraudulently conceals from a custodian, trustee, marshal, or other officer of the court charged with the control or custody of property, or, in connection with a case under title 11, from creditors or the United States Trustee, any property belonging to the estate of a debtor;

(2)

knowingly and fraudulently makes a false oath or account in or in relation to any case under title 11;

(3)

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;

(4)

knowingly and fraudulently presents any false claim for proof against the estate of a debtor, or uses any such claim in any case under title 11, in a personal capacity or as or through an agent, proxy, or attorney;

(5)

knowingly and fraudulently receives any material amount of property from a debtor after the filing of a case under title 11, with intent to defeat the provisions of title 11;

(6)

knowingly and fraudulently gives, offers, receives, or attempts to obtain any money or property, remuneration, compensation, reward, advantage, or promise thereof for acting or forbearing to act in any case under title 11;

(7)

in a personal capacity or as an agent or officer of any person or corporation, in contemplation of a case under title 11 by or against the person or any other person or corporation, or with intent to defeat the provisions of title 11, knowingly and fraudulently transfers or conceals any of his property or the property of such other person or corporation;

(8)

after the filing of a case under title 11 or in contemplation thereof, knowingly and fraudulently conceals, destroys, mutilates, falsifies, or makes a false entry in any recorded information (including books, documents, records, and papers) relating to the property or financial affairs of a debtor; or

(9)

after the filing of a case under title 11, knowingly and fraudulently withholds from a custodian, trustee, marshal, or other officer of the court or a United States Trustee entitled to its possession, any recorded information (including books, documents, records, and papers) relating to the property or financial affairs of a debtor,

shall be fined under this title, imprisoned not more than 5 years, or both.

Source credit: (June 25, 1948, ch. 645, 62 Stat. 689; Pub. L. 86–519, § 2, June 12, 1960, 74 Stat. 217; Pub. L. 86–701, Sept. 2, 1960, 74 Stat. 753; Pub. L. 94–550, § 4, Oct. 18, 1976, 90 Stat. 2535; Pub. L. 95–598, title III, § 314(a), (c), Nov. 6, 1978, 92 Stat. 2676, 2677; Pub. L. 100–690, title VII, § 7017, Nov. 18, 1988, 102 Stat. 4395; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 103–394, title III, § 312(a)(1)(A), Oct. 22, 1994, 108 Stat. 4138; Pub. L. 104–294, title VI, § 601(a)(1), Oct. 11, 1996, 110 Stat. 3497.)

history & why it existsrecord from the source credit
  • 1948Enacted · Act of June 25, 1948, ch. 645 · 62 Stat. 689
  • 1960Amended · Pub. L. 86-519 · 74 Stat. 217
  • 1960Amended · Pub. L. 86-701 · 74 Stat. 753
  • 1976Amended · Pub. L. 94-550 · 90 Stat. 2535
  • 1978Amended · Pub. L. 95-598 · 92 Stat. 2676, 2677
  • 1988Amended · Pub. L. 100-690 · 102 Stat. 4395
  • 1994Amended · Pub. L. 103-322 · 108 Stat. 2147
  • 1994Amended · Pub. L. 103-394 · 108 Stat. 4138
  • 1996Amended · Pub. L. 104-294 · 110 Stat. 3497

A history note hasn’t been published yet. The record shows enactment by ch. 645 on 1948-06-25.

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