An Experienced Bankruptcy Fraud Attorney is your Best Defense
Federal prosecutors handle bankruptcy fraud charges, as it is a federal offense, with severe consequences. Federal sentencing guidelines state you may be fined up to $250,000 and spend 5 years in federal prison if convicted of bankruptcy fraud. Due to the serious nature of the charges it is important that if you are charged with bankruptcy fraud you need to find an attorney, fast.
We have an experienced bankruptcy fraud attorney. He understands the federal court system, federal statutes and the federal rules of criminal procedure and frequently handles federal bankruptcy charges. It is important that you have a federal criminal lawyer that has handled this type of case, and knows how to investigate and defend them properly. While this charge is not a violent crime and is considered a white-collar crime does not mean it is not a criminal offense and it will not just go away on its own.
Defending against Federal Bankruptcy Fraud Charges
Bankruptcy fraud is a white-collar crime that exists generally in four different forms. The first way is when debtors hide their assets to keep from having to forfeit them. The second way people get involved in a bankruptcy fraud is when people file incomplete or false bankruptcy forms. The third manner is when people file bankruptcy numerous times either using fake info or real info filed in different states. The fourth type of federal bankruptcy fraud is when an individual gives a bribe to a trustee appointed by the court. Usually we see a bankruptcy fraud committed in relation to another fraud crime like mortgage fraud, public corruption, identity theft of money laundering.
Nearly seventy percent of fraud in bankruptcy is when debtors conceal their assets from creditors and those creditors can only gain access to the money that they know about; therefore if the individual hides the assets then the individual will be able to fraudulently keep those assets. One of the ways that debtors will fraud his creditors and hide the assets is to transfer the concealed assets to other individuals. There have been cases where both individual; the one transferring and the one receiving the transfer, are charged with bankruptcy fraud.
Filing Incomplete or Inaccurate Forms can lead to Federal Bankruptcy Charges
Often times we sees bankruptcy fraud charges based upon the documents used in filing for bankruptcy. Any time you file bankruptcy you need to be sure you have all your documents in order. If you fail to declare all your assets it could bring about fraud charges. You may also be charged if you give false information in order to have the bankruptcy granted. Even though you may have had a bankruptcy attorney, there is still a chance you missed something and the courts caught it. Often time’s fraud is not present and the filing of documents was simply done so incorrectly without intent to defraud the creditors and this type of situation is just the type of thing we can sort out.
If it was an honest mistake, your defense attorney will be able to have the problem solved easily. You cannot be charged with fraud if there was no intent on your part to commit fraud. It will be the prosecutor’s job to prove you willfully misrepresented something on the filing to be able to convict. We will work to prove you did not intentionally leave something out, or change any information.
Contact the a Chicago Federal Criminal Attorney
You need to get in contact with a qualified bankruptcy fraud defense attorney even before the federal prosecutors actually bring any charges against you.We will be sure to protect your constitutional rights, and see that you get treated fairly. Our team will investigate to prove you did not commit the fraud, but merely made a simple mistake.
Using a Chicago criminal defense attorney like Michael Schmiege is the best way to make sure you do not have to spend any time behind bars. He will also work to keep you from paying any large fines. Do not think it is something you can handle yourself; you need an experienced federal criminal lawyer fighting for you.
Contact our firm today if you or someone you love is facing federal criminal charges or an investigation concerning bankruptcy fraud. Our main office is located in Chicago but he handles federal criminal cases all around the United States and Illinois.