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Have you been a
victim of Fraud
or
charged with Bankruptcy
Fraud in New York?
Have your rights in New York
been violated? Have you been falsely accused? We can help.
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to do if you do.
New York Bankruptcy
Fraud:
- A deception deliberately practiced in order to secure unfair or unlawful
gain.
- A piece of trickery; a trick.
- One that defrauds; a cheat.
- One who assumes a false pose; an impostor.
848 False Declarations -- 18 U.S.C. § 152(3)
The False Oath provisions of § 152(2) and the False Declarations provisions
of 18 U.S.C. § 152(3) are closely related. Subsection (3) is derived from
Subsection (2), the "false oath" offense. In 1976, Congress amended Section 152
to add Subsection 3. This amendment was made in connection with the creation of
28 U.S.C. § 1746, which authorized the use of unsworn statements subscribed to
under penalty of perjury but not under oath. Congress added Subsection 3 to
Section 152 with the intention of making no changes to the elements of a
violation of Subsection 2 of Section 152. Thus, the elements of a violation of
Subsection 3 are the same as those that apply to a Subsection 2 violation. The
only difference, of course, is that a violation under Subsection 3 does not
require the false declaration or statement to have been made under oath.
The policy behind the false oath/false declaration portions of Section 152
is that the debtor has a duty to produce honest, complete financial records.
Bankruptcy law presupposes that one who seeks its protection will
deal honestly and fairly with creditors by furnishing a complete and accurate
schedule of assets... A debtor has a paramount duty to consider all questions
posed on statement or schedules carefully and see that question is answered
completely in all respects.
In re Braymer, 126 B.R. 499, 503 (Bankr. N.D.Tex 1991).
A person who...knowingly and fraudulently makes a false declaration,
certificate, verification, or statement under penalty of perjury as permitted
under section 1746 of title 28, in or in relation to any case under title
11;...shall be fined..., imprisoned..., or both.
The elements of a false declaration violation have been defined as:
the existence of a bankruptcy proceeding;
the defendant made a false declaration, certificate, verification, or other
statement in relation to the bankruptcy proceeding;
the statement must be material; and
the statement was known to be false.
Did You Know?
- In most cases,
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