Legal Question in Bankruptcy in Arizona
Fraud
How can you prove bankruptcy fraud? Will the US Justice Department look into any bankruptcy case where there is a potential for fraud?
1 Answer from Attorneys
Re: Fraud
Bankruptcy fraud can be difficult to prove, but not in every case.
If assets are found which were not included on the schedules, there is
a fraud problem. There is also a problem with mis-stating material matters
such as income. Sometimes investigators will subpoena the debtor's applications
for credit and tax returns to find inconsistencies.
Probably most bankruptcy fraud cases start with a referral by a
trustee, the U.S. Trustee's office, or a judge. Typically, the case
is then investigated by the FBI. "Bankruptcy Fraud Task Forces" have
been formed in a number of areas to put greater emphasis on detection,
investigation, and successful prosecution of bankruptcy crimes.
By the way, I was a federal prosecutor for seven + years and prosecuted/investigated
several bankruptcy fraud cases myself. Back in private practice since 1996.
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