All Agencies, Latest Month All Agencies, Current FY Geographic Distribution
of Convictions for
All Agencies, FY 2014
2 Prosecutions
in August 2014
39 Prosecutions
in Fiscal Year 2014
5 Convictions
in August 2014
39 Convictions
in Fiscal Year 2014

CITE

    18 USC Sec. 152                                             01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 9 - BANKRUPTCY

HEAD

    Sec. 152. Concealment of assets; false oaths and claims; bribery

STATUTE

      A person who -
        (1) knowingly and fraudulently conceals from a custodian,
      trustee, marshal, or other officer of the court charged with the
      control or custody of property, or, in connection with a case
      under title 11, from creditors or the United States Trustee, any
      property belonging to the estate of a debtor;
        (2) knowingly and fraudulently makes a false oath or account in
      or in relation to any case under title 11;
        (3) 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;
        (4) knowingly and fraudulently presents any false claim for
      proof against the estate of a debtor, or uses any such claim in
      any case under title 11, in a personal capacity or as or through
      an agent, proxy, or attorney;
        (5) knowingly and fraudulently receives any material amount of
      property from a debtor after the filing of a case under title 11,
      with intent to defeat the provisions of title 11;
        (6) knowingly and fraudulently gives, offers, receives, or
      attempts to obtain any money or property, remuneration,
      compensation, reward, advantage, or promise thereof for acting or
      forbearing to act in any case under title 11;
        (7) in a personal capacity or as an agent or officer of any
      person or corporation, in contemplation of a case under title 11
      by or against the person or any other person or corporation, or
      with intent to defeat the provisions of title 11, knowingly and
      fraudulently transfers or conceals any of his property or the
      property of such other person or corporation;
        (8) after the filing of a case under title 11 or in
      contemplation thereof, knowingly and fraudulently conceals,
      destroys, mutilates, falsifies, or makes a false entry in any
      recorded information (including books, documents, records, and
      papers) relating to the property or financial affairs of a
      debtor; or
        (9) after the filing of a case under title 11, knowingly and
      fraudulently withholds from a custodian, trustee, marshal, or
      other officer of the court or a United States Trustee entitled to
      its possession, any recorded information (including books,
      documents, records, and papers) relating to the property or
      financial affairs of a debtor,
    shall be fined under this title, imprisoned not more than 5 years,
    or both.

SOURCE

    (June 25, 1948, ch. 645, 62 Stat. 689; Pub. L. 86-519, Sec. 2, June
    12, 1960, 74 Stat. 217; Pub. L. 86-701, Sept. 2, 1960, 74 Stat.
    753; Pub. L. 94-550, Sec. 4, Oct. 18, 1976, 90 Stat. 2535; Pub. L.
    95-598, title III, Sec. 314(a), (c), Nov. 6, 1978, 92 Stat. 2676,
    2677; Pub. L. 100-690, title VII, Sec. 7017, Nov. 18, 1988, 102
    Stat. 4395; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K), Sept.
    13, 1994, 108 Stat. 2147; Pub. L. 103-394, title III, Sec.
    312(a)(1)(A), Oct. 22, 1994, 108 Stat. 4138; Pub. L. 104-294, title
    VI, Sec. 601(a)(1), Oct. 11, 1996, 110 Stat. 3497.)

HISTORICAL AND REVISION NOTES

      Based on section 52(b) of title 11, U.S.C., 1940 ed., Bankruptcy
    (July 1, 1898, ch. 541, Sec. 29b, 30 Stat. 554; May 27, 1926, ch.
    406, Sec. 11 (part), 44 Stat. 665; June 22, 1938, ch. 575, Sec. 1
    (part), 52 Stat. 855).
      Section was broadened to apply to one who gives or offers a
    bribe.
      Minor changes were made in phraseology.
                                AMENDMENTS
      1996 - Pub. L. 104-294 substituted "fined under this title" for
    "fined not more than $5,000" in closing provisions.
      1994 - Pub. L. 103-394 amended section generally, designating
    undesignated pars. as opening provisions, pars. (1) to (9), and
    closing provisions, and in pars. (1) and (9) inserting reference to
    United States Trustee.
      Pub. L. 103-322 substituted "fined under this title" for "fined
    not more than $5,000" in last par.
      1988 - Pub. L. 100-690 substituted "penalty of perjury" for
    "penalty or perjury" in third par.
      1978 - Pub. L. 95-598 substituted, wherever appearing, "debtor"
    for "bankrupt", "case under title 11" for "bankruptcy proceeding",
    and "provisions of title 11" for "bankruptcy law"; and substituted
    "a custodian" for "the receiver, custodian", wherever appearing,
    and "recorded information, including books, documents, records, and
    papers, relating to the property or financial affairs" for
    "document affecting or relating to the property or affairs", in two
    places.
      1976 - Pub. L. 94-550 inserted paragraph covering the knowing and
    fraudulent making of a false declaration, certificate,
    verification, or statement under penalty of perjury as permitted
    under section 1746 of title 28 or in relation to any bankruptcy
    proceeding.
      1960 - Pub. L. 86-701 included fraudulent transfers and
    concealment of property by persons in their individual capacity in
    sixth par.
      Pub. L. 86-519 struck out "under oath" after "knowingly and
    fraudulently presents" in third par.
                     EFFECTIVE DATE OF 1994 AMENDMENT
      Amendment by Pub. L. 103-394 effective Oct. 22, 1994, and not
    applicable with respect to cases commenced under Title 11,
    Bankruptcy, before Oct. 22, 1994, see section 702 of Pub. L. 103-
    394, set out as a note under section 101 of Title 11.
                     EFFECTIVE DATE OF 1978 AMENDMENT
      Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section
    402(a) of Pub. L. 95-598, set out as an Effective Date note
    preceding section 101 of Title 11, Bankruptcy.
                             SAVINGS PROVISION
      Amendment by section 314 of Pub. L. 95-598 not to affect the
    application of chapter 9 (Sec. 151 et seq.), chapter 96 (Sec. 1961
    et seq.), or section 2516, 3057, or 3284 of this title to any act
    of any person (1) committed before Oct. 1, 1979, or (2) committed
    after Oct. 1, 1979, in connection with a case commenced before such
    date, see section 403(d) of Pub. L. 95-598, set out as a note
    preceding section 101 of Title 11, Bankruptcy.
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