Orange County Federal Bankruptcy Fraud Defense Lawyer
More people have filed for bankruptcy in this last decade than most any other period of our nation's history. While individuals are finding the benefits in petitioning for this fresh start, many are accused of using it for the wrong reason. Bankruptcy fraud is a federal offense punishable by up to five years in federal prison and a fine of up to $250,000. Furthermore, if a bankruptcy case if found to be fraudulently filed, it will be thrown out of court, forcing the convicted to pay all outstanding debts on top of the court fines from their sentence.
Because bankruptcy is a legal process, the pursuit of proving guilt is often complex for a prosecutor. Someone is suspected of bankruptcy if the IRS or federal bankruptcy court finds that "the numbers don't quite add up." In our experience as federal defense attorneys in Orange County, we have found that the most common accusation under bankruptcy fraud involves an intentional concealment of assets. This means that the accused is suspected to have undervalued or failed to list his or her assets when filing for bankruptcy. The reason they are thought to do this is to lower or erase debt burden under false pretense of inability to pay.
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It is thought that concealment of assets, at some degree, accounts for nearly 70% of all fraudulent bankruptcy cases filed. Other common causes include:
- Concealment or destruction of documents
- Conflict of interest
- False/fraudulent statements or declarations
- Fee fixing
- Redistribution arrangements
- Multiple filings
"Bankruptcy was supposed to end our problems, but imagine the shock when we were ordered to court for federal bankruptcy fraud. To say we were scared would be an understatement, but when we call Attorney Michael L. Guisti he calmed our nerves right away, which was something no other attorney was able to do. Mr. Guisti showed the federal judge that everything we reported on our bankruptcy form was true. Mr. Guisti is a very easy person to work with and my family enjoyed his company, even during this stressful time. Thank you so much Mr. Guisti for fighting for us in federal court and making this time so much easier."
While many have intentionally committed bankruptcy fraud, the IRS can misread documents or filings and accuse an innocent person of something they did not do. This often goes back to a simple, unintentional mistake on the initial bankruptcy form.
If you have been accused of committing bankruptcy fraud, it is important to contact an Orange County white collar criminal attorney immediately. Conviction could not only land you in prison but also leave you with the debt you were trying to overcome in the first place. Law Office of Michael L. Guisti wants to help you fight these charges and protect your future. Call (714) 530-9690 today for help.
Whether you're facing a felony or a misdemeanor, don't risk a conviction. Act quickly to redeem your reputation and protect your record by consulting with our Orange County criminal defense lawyer. Call today to schedule your free consultation.