O4 Embezzlement of a Bankruptcy Estate
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.
- Instruction
- O4
- Statute
- 18 U.S.C. § 153
- Edition
- Eleventh Circuit Pattern Jury Instructions (Criminal Cases), revised July 2026
- Official source
- Official PDF, page 110
Elements
Quoted word for word from the official text. Eleventh Circuit Pattern Jury Instructions (Criminal Cases), revised July 2026.
The Defendant can be found guilty of this crime only if all the following facts are proved beyond a reasonable doubt:
(1) on or about the date charged a bankruptcy case docketed as Case Number __________ was pending in the United States Bankruptcy Court for ________ District of _________, and _______________ [doing business as] was the Debtor;
(2) the property or interest described in the indictment was part of the bankruptcy estate of the Debtor;
(3) the Defendant had access to the property as a trustee or custodian of the bankruptcy estate; and
(4) the Defendant knowingly and fraudulently embezzled, spent, transferred, or appropriated to the Defendant’s own use property belonging to the bankruptcy estate.
Related practice page
Bankruptcy Fraud Charges in Miami
Official source: Official PDF, page 110
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.