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CRM 500-999

843. Sample Indictment—Concealing Assets, 18 U.S.C. § 152(1)—Chapter 11

  1. At all times material to this indictment defendant JOHN DOE was president of Robert Roe Nursery, Inc.which was a tree nursery.
  2. On ________ JOHN DOE filed or caused to be filed a petition for reorganization under Chapter 11 of Title 11 of the United States Code in the Bankruptcy Court for this District. The matter was captioned Robert Roe Nursery, Inc., Case No______. This case remained open at all times pertinent to this indictment.
  3. As a debtor under Chapter 11, Robert Roe Nursery, Inc., was allowed to continue business as a Debtor in Possession. As such the company was required to close existing bank accounts and to open two new accounts; one entitled Robert Roe Nursery, Inc., Debtor in Possession; and one entitled Robert Roe Nursery, Inc., Debtor in Possession (Payroll) and to place all moneys received into one of those accounts. All disbursements were required to be made from one of those accounts.
  4. From on or about the _____day of ______ , to on or about ______day of ______, in the ______District of________,


defendant herein, did knowingly and fraudulently conceal and cause to be concealed from creditors and from the United States Trustee the following accounts receivable which were the property of the bankruptcy estate and which he deposited or caused to be deposited into a personal account entitled "John and Jane Doe:"

Count Date of Deposit Acct. Rec. Ck. No. Amount

One 11/7/94 Sun Gardens 5215 $6,583.30

Two ---------- etc.

All in violation of 18 U.S.C. §§ 152(1) and 2.

[cited in JM 9-41.001]