Bankruptcy is a legal process undertaken in federal court to relieve a debtor of some or all debts. For this reason, fraudulently misusing the bankruptcy process is viewed as a serious federal crime, because it serves to undermine the integrity of the judicial system.
In addition to bankruptcy fraud, prosecutors can bundle additional charges into the indictment, such as embezzlement, conspiracy, and wire fraud.
The highly technical nature of the alleged fraudulent behavior usually requires a highly technical defense strategy, based on interpretations of the accused person’s actions and intentions. For these reasons, successful defense of bankruptcy fraud charges requires a defense team experienced in such cases.
Joshi is a criminal defense law firm with extensive experience in bankruptcy fraud and other white collar crime cases. The firm vigorously defends the rights and freedom of clients accused of these crimes.
What Is Bankruptcy Fraud?
The crime of bankruptcy fraud covers many different types of activities, but these generally fall into two broad categories:
- Hiding, non-disclosure, or removal of assets during the bankruptcy process in a knowing and fraudulent manner
- Use of bankruptcy to avoid litigation or get out of contracts in a knowing and fraudulent manner
Prosecutors may file bankruptcy fraud charges for actions taken in contemplation of filing for bankruptcy (using a look-back period) as well as for actions taken during the bankruptcy process.
The “knowing and fraudulent” clause is critical. The government must demonstrate intent to defraud. This can be difficult in some cases – thus providing knowledgeable lawyers with the means for a successful defense of the charges.
Building A Strong Defense
The lawyers at Joshi understand complex financial transactions and accounting methods, in addition to criminal law. Through careful investigation and aggressive use of procedural motions, they will work to build a strong defense based on the facts and the law.
Whenever possible, the firm will seek to prevent bad faith bankruptcy charges from being filed by presenting facts to the prosecutor that call into question the strengths of the prosecutor’s case. In other cases, Joshi will seek a negotiated plea for reduced charges, or outright victory at trial.
Make no mistake – you face a difficult fight. Joshi will be with you the entire way.