The criminal provisions relating to bankruptcy fraud were enacted
preserve honest administration in bankruptcy proceedings and to ensure the
distribution to creditors of as large a portion of the bankrupt's estate as
possible. These criminal sanctions are embodied in Title 18, United States
§§ 152 to 157. The provisions of 18 U.S.C. §§ 152
applicable to any proceeding, arrangement or plan under the Bankruptcy Code,
Title 11, United States Code.|
CAVEAT: Although most criminal law principles remain the same,
the civil bankruptcy laws were changed considerably in 1978, some older
bankruptcy fraud cases or parts of cases may no longer be good law when read
conjunction with the current Bankruptcy Code.
CAVEAT: On October 22, 1994 the Bankruptcy Reform Act of 1994 made
revisions to 18 U.S.C. § 152, 153, 154, 155 and added sections 156 and
The references to Section 152 will indicate the present paragraph numbering.
Before that change the Section 152 paragraphs were unnumbered. The old
continue to apply to crimes completed before October 22, 1994 -- the
date of the Bankruptcy Reform Act. The new provisions apply to all crimes
continued or committed after the effective date.
Sample indictments follow the general discussion of each code
Longer conspiracy and fraud indictments are not included because they are so
specific. Examples of the longer indictments are available from the
For additional information or assistance contact Maureen Tighe,
Assistant United States Attorney (AUSA), United States Attorney's Office
Central District of California at ACAC01(MTIGHE) or 213-894-0703; Joan
Deputy AUSA, USAO, Northern District of Illinois (N.D.Ill.) at
or 312-353-5300; Brian Netols, AUSA, USAO N.D.Ill. AILN01(BNETOLS) or
312-353-5300; Joe Brown, Special Assistant United States Trustee, Nashville,
Tennessee, at JMD15(BROWNJOE) or 615-736-2746; TRIAL ATTORNEY Patrick
Fraud Section, Criminal Division, at CRM02(DONLEY).
[cited in USAM 9-41.001]