If you have been charged with bankruptcy fraud, the first thing you should do is to contact a fraud defense attorney in Santa Ana CA. At Simmons Wagner, LLP we can help you fight these and other related charges. Keep reading to learn about the potential consequences of a conviction and how we can help defend you, then contact us at (949) 439-5857 for help.
Potential punishment for bankruptcy fraud
Bankruptcy fraud is a federal offense that is subject to a number of laws. If convicted of bankruptcy fraud, a person faces a potential jail sentence of five years and penalties of up to $250,000 under federal sentencing guidelines. Certain forms of bankruptcy fraud, on the other hand, might have their own set of repercussions.
- Asset concealment; false oaths and claims; bribery If you are convicted of this offense, you might face up to five years in prison and/or hefty penalties.
- Embezzlement of the estate’s funds. If you are convicted of this offense, you might face up to five years in prison and/or hefty penalties.
- Conflict of interest and bad behavior of bankruptcy officers. Fines and the loss of the offender’s office may be imposed if the defendant is convicted of this offense.
- Fee agreements in title 11 cases and receiverships. If convicted of this offense, you may face a year in prison and/or penalties.
- Disregard for bankruptcy law or regulation on purpose. If convicted of this offense, you may face a year in prison and/or penalties.
It’s also worth noting that, in addition to the criminal repercussions, your obligations may no longer be dismissed. As a result, depending on the sort of bankruptcy you filed in the first place, your bankruptcy petition might be dismissed, you’d still owe your obligations, and you wouldn’t be allowed to re-file for a certain period of time. A fraud defense attorney in Santa Ana CA can help defend you.
If you are convicted of bankruptcy fraud for committing numerous illegal activities, you may face criminal charges under several separate statutes and be sentenced for each conviction.
Defense options from a fraud defense attorney in Santa Ana CA
If you’ve been charged with bankruptcy, you have a variety of alternatives for defending yourself. Your fraud defense attorney in Santa Ana CA will thoroughly examine your situation to decide the best course of action. You may be able to use the following defense strategies:
- Demonstrating that the purported fraud was an error with no intent to deceive
- Demonstrating that the claimed illegal action was carried out in order to achieve a lawful goal, such as selling an item for half its true value in order to get a tax benefit
- As soon as you saw the mistake, you fixed it
- The claimed offense cannot be proven due to a lack of evidence
- The deadline for filing a claim has gone
- You had no intention of defrauding anyone
For a free legal consultation with a fraud defense attorney in Santa Ana CA, call Simmons Wagner, LLP at (949) 439-5857.