Bankruptcy Fraud Charges in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012, in state and federal court. Our office answers 24 hours a day.

Concealing Property of the Estate (18 U.S.C. § 152(1))

Under Pattern Instr. O2 (Elements), the Government must prove:

1. A bankruptcy case was pending, with the named person or company as the debtor.
2. The property, or an interest in it, was part of the debtor's bankruptcy estate.
3. You knowingly and fraudulently concealed it from creditors or from the U.S. Trustee or bankruptcy administrator responsible for it.

The estate generally includes everything the debtor owns or has a right to when the case begins, wherever it is and whoever holds it. "Fraudulently conceal" means knowingly withholding information about property, or preventing its discovery, intending to deceive or cheat a creditor or custodian. It can include transferring property to someone else, destroying it, or withholding information about where it is.

Presenting or Using a False Claim (§ 152(4))

Under O3 (Elements): a bankruptcy case was pending; you, personally or through an agent, proxy, or attorney, presented or used a claim against the debtor's estate; a material fact in the claim was false; and you acted knowingly and fraudulently. A "material fact" is an important fact, not a trivial detail.

Embezzlement by a Trustee or Custodian (§ 153)

Under O4 (Elements): a bankruptcy case was pending; the property was part of the estate; you had access to it as a trustee or custodian; and you knowingly and fraudulently embezzled, spent, transferred, or took it for your own use. The statute also covers attorneys, other officers of the court, and people they hire.

Other Bankruptcy Crimes in § 152

The same statute also makes it a crime to knowingly and fraudulently make a false oath or account, or a false declaration under penalty of perjury, in a bankruptcy case; to receive a material amount of property from a debtor after filing, intending to defeat the bankruptcy laws; to give or take a bribe for acting or not acting in a case; to transfer or hide property in contemplation of bankruptcy; and to destroy, falsify, or withhold the debtor's financial records.

Penalties and Timing

Each count under § 152 or § 153 carries up to 5 years and a fine of up to $250,000, or twice the gross gain or loss. For concealing a debtor's assets, the law treats the concealment as a continuing offense: the 5-year limitations period does not begin until the debtor is finally discharged or a discharge is denied.

Defense Themes

• "Knowingly and fraudulently." Mistakes on schedules, bad advice, and misunderstanding what must be listed are not crimes.
• Was it estate property? Ownership, exemptions, and timing matter.
• Disclosure elsewhere. Was the asset disclosed somewhere in the case or to the trustee?
• Materiality of the false fact in a claim.

Related: False Statements to a Federal Agency, Perjury, Money Laundering.

What to Do First

1. Talk to a criminal lawyer before your next 341 meeting, Rule 2004 exam, or amendment if fraud has been raised.
2. Don't move, sell, or transfer assets after a fraud allegation.
3. Coordinate with your bankruptcy lawyer; what you say in the bankruptcy case is under oath.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

I forgot to list an asset. Is that bankruptcy fraud?

Not by itself. The Government must prove you acted knowingly and fraudulently.

Can a creditor be charged?

Yes. Knowingly and fraudulently presenting a false claim against the estate is a federal crime.

My case was years ago. Has the time run?

For concealing assets, the clock generally does not start until the discharge is granted or denied.