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Bankruptcy fraud is a federal offense that may result in a fine of up to $250,000 and/or a prison sentence of 5 years. The maximum penalties for this offense will likely be pursued by federal prosecutors as per federal sentencing guidelines.
If you or someone you know is currently facing federal criminal charges involving bankruptcy fraud, we recommend that you consult a defense lawyer as soon as possible. The Los Angeles federal criminal defense lawyers at Okabe & Haushalter have experience in helping clients who are facing bankruptcy fraud charges, and we are familiar with the federal court system and proceedings as they relate to these specific charges.
Bankruptcy fraud may include actions such as concealing assets, completing multiple filings, or otherwise falsifying information in an attempt to file for bankruptcy illegally. Non-disclosure of assets in a bankruptcy petition is the most common form of bankruptcy fraud.
A key factor in bankruptcy fraud charges is that the prosecuting attorney must prove the intent of the defendant. That intent must have been to commit fraud, intentionally and willfully. When an individual simply makes an error or mistake, this should not constitute bankruptcy fraud. Issues involving intent may be used by a federal defense attorney to help his/her client avoid a conviction.
Consult a Los Angeles bankruptcy fraud attorney at our firm if you have been accused of bankruptcy fraud. Even if federal investigators have not yet worked with prosecutors to have formal charges filed, your rights are still at risk. By working with an attorney, you can help ensure that your constitutional rights are not violated during the investigation. Additionally, your attorney may be able to work to help ensure that formal charges are never filed.
Facing bankruptcy fraud charges? Contact a Los Angeles bankruptcy fraud lawyer at our firm as soon as possible.