Extortion and Bribery18 U.S.C. § 152(6)
Subsection (6) of Section 152 is a very broad statute which covers
aspects of bribery and extortion in bankruptcy cases.|
Subsection (6), provides:
A person who...knowingly and fraudulently gives, offers,
receives, or attempts to obtain any money or property, remuneration,
compensation, reward, advantage, or promise thereof for acting or forbearing
act in any case under title 11;...shall be fined...and imprisoned...or
There is no requirement that the act or forbearance from acting be
unlawful itself. Acting or not acting with the requisite criminal intent is
sufficient. For example, a bidder agreeing to withdraw the bid in return
money is covered. United States v. Weiss, 168 F. Supp. 728 (W.D. Pa.
1958). CAVEAT: Full public disclosure of any offers to act or to not act
e.g., compromising of claims, or plan negotiations in Chapter 11 cases--will
typically negate any suggestion of criminal intent.
[cited in USAM 9-41.001]