Withholding of Recorded Information18 U.S.C. §
Subsection (9) of Section 152 prohibits the fraudulent withholding
any recorded information--i.e., books, documents, records, and
to the property or the financial affairs of the debtor. The recorded
must be withheld from a custodian, trustee, United States Trustee, United
Marshal, or other officer of the court. This subsection only applies if the
withholding of information occurs after the bankruptcy petition is
the commencement of the bankruptcy case.|
Subsection (9) provides:
A person who...after the filing of a case under title 11,
knowingly and fraudulently withholds from a custodian, trustee, marshal, or
officer of the court or a United States Trustee entitled to its possession,
recorded information (including books, documents, records, and papers)
to the property or financial affairs of a debtor, shall be fined...,
imprisoned..., or both.
The elements that must be proved are:
- that a bankruptcy proceeding existed;
- that the defendant withheld from the trustee entitled to its
possession, books, documents, records, or papers;
- that such documents related to the property or financial affairs of the
- that the defendant withheld the documents knowingly and fraudulently.
Devitt & Blackmar, 2 Federal Jury Practice and Instructions,
48.14 & 48.15 (1990 Supplement)(deleted in later editions).
A debtor's basic duty to cooperate with the trustee is set forth in
U.S.C. § 521(3). Anyone who has property of the bankruptcy estate or
property of the debtor is required by 11 U.S.C. § 542(a) to deliver it
trustee and to account for the property.
[cited in USAM 9-41.001]