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 find a qualified attorney, fast.
Bankruptcy fraud is a federal crime that involves knowingly committing fraudulent activities in an effort to defeat bankruptcy-code provisions. Usually we see a bankruptcy fraud committed in relation to another fraud crime like mortgage fraud, public corruption, identity theft of money laundering; however, bankruptcy fraud is a white-collar crime that exists generally in four different forms.
Nearly 70% of bankruptcy fraud situations occur 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 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.
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 fraud 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 bankruptcy fraud attorney will be able to have the problem resolved 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.
Michael Schmiege is an experienced bankruptcy fraud attorney and he understands the federal court system, federal statutes, and the federal rules of criminal procedure. He frequently handles federal bankruptcy charges. It is important that you have a federal criminal lawyer that has handled this type of case before and who knows how to investigate such cases. While this charge is not a violent crime, it will not just go away on its own. To ensure your best defense is is critical that you get in touch with a qualified bankruptcy fraud attorney before the federal prosecutors actually bring any charges against you. You can be sure that Michael Schmiege will protect your constitutional rights, and see that you get treated fairly.
Using an experienced 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 bankruptcy fraud lawyer fighting for you.
Contact Michael Schmiege's nationally recognized boutique law firm for a consultation with a knowledgeable criminal defense attorney who will fight charges aggressively for you. We dedicate the time and resources necessary to give our clients the best possible opportunity for a favorable outcome. Aggressive, skilled legal counsel is always your best chance for a favorable outcome when your future is in jeopardy. Call a qualified defense attorney at our firm immediately to ensure you have strong legal representation in your case.
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Michael Schmiege has experience with bankruptcy fraud cases and our award-winning criminal defense attorneys deliver unparalleled results. Read more about our recent verdicts and case victories in DuPage County.