In our last post, we began looking at the issue of bankruptcy fraud, including the types of cases pursued by the FBI, typical forms of bankruptcy fraud, and some of the other crimes that typically occur in connection with bankruptcy fraud.
According to the Department of Justice, anybody who undertakes a fraud scheme and carries it out or conceals the scheme by filing for bankruptcy or filing documents in the bankruptcy process may be convicted under federal law. Essentially, what prosecutors are looking to prove is that there is a fraud scheme, or at least an attempted fraud scheme, and then the use of the bankruptcy process to carry out the scheme. This is why bankruptcy fraud often goes along with other fraud charges.
Whenever anybody faces the prospect of bankruptcy fraud charges, it is important to begin working right away with an experienced criminal defense attorney to begin preparing a defense. Those who have simply made mistakes in the bankruptcy process are not necessarily going to be targeted for criminal prosecution, but it is particularly important for defendants in bankruptcy fraud cases to ensure that prosecutors are accurate in their allegations.
In every criminal case, prosecutors are required to provide sufficient evidence of each element of every charge for which they seek conviction. Part of building a strong criminal defense case is looking at the evidence and finding deficiencies in the government’s case. This includes scrutinizing the accuracy of the government’s charges.
Our firm is dedicated to providing the best possible representation to those facing fraud investigations and criminal charges. Those who find themselves facing possible charges should get in contact with our office as soon as possible to ensure their rights and interested are zealously advocated.