Defrauding Secured Creditors

Fraud in Insolvency

In New Jersey, a charge of Fraud in Insolvency can result in a felony criminal record. The act states:

N.J.S.A. 2C:21-13. Fraud in Insolvency. A person commits a crime if, knowing that proceedings have been or are about to be instituted for the appointment of a receiver or other person entitled to administer property for the benefit of creditors, or that any other composition or liquidation for the benefit of creditors has been or is about to be made, he:

a. Destroys, removes, conceals, encumbers, transfers, or otherwise deals with any property or obtains any substantial part of or interest in the debtor's estate with purpose to defeat or obstruct the claim of any creditor, or otherwise to obstruct the operation of any law relating to administration of property for the benefit of creditors;

b. Knowingly falsifies any writing or record relating to the property; or

c. Knowingly misrepresents or refuses to disclose to a receiver or other person entitled to administer property for the benefit of creditors, the existence, amount or location of the property, or any other information which the actor could be legally required to furnish in relation to such administration.

If the benefit derived from a violation of this section is $75,000.00, or more, the offender is guilty of a crime of the second degree. If the benefit derived exceeds $1,000.00, but is less than $75,000.00, the offender is guilty of a crime of the third degree. If the benefit derived is $1,000.00, or less, the offender is guilty of a crime of the fourth degree.

SOURCE. Model Penal Code: 224.11. Amended. L. 1979, c. 178, §40.

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At the Newark Law Offices of Kevin Crawford Orr, we can help with your the defense of your New Jersey White Collar crime of Fraud in Insolvency. Contact us today to find out more about your options.