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Bankruptcy Crimes 2002
By Stephanie Wickouski
2002/06 - Beard Books
1587981173 - Paperback -516 pp.
US$124.95
This edition is now out-of-print. Get
the new Bankruptcy Crimes: Third Edition here.
Must reading for bankruptcy professionals.
Publisher Comments
This leading, authoritative treatise on bankruptcy fraud, first published in
2000, is an invaluable reference book for bankruptcy law practitioners,
white-collar criminal lawyers, and prosecutors. Bankruptcy Crimes is the only
book extant on the subject and is unique in its dual perspective and analysis of
criminality and bankruptcy law. Stephanie Wickouski is equally adept at
explaining the statutory intricacies of bankruptcy law as she is with defining
the elements of criminal offenses. It is all here: fraud, perjury, embezzlement,
bribery, money laundering, and destruction of records. In fact, E. Lawrence
Barcella, Jr. of Paul, Hastings, Janofsky, and Walker, Washington, D. C. said,
"If I were a lawyer involved in a bankruptcy matter, whether civil or
criminal, and had only one reference work that I could rely on, it would be this
book."
The new edition is current and incorporates several new topics, such as recent
changes in the Federal Sentencing Guidelines, including misrepresentation and
other fraudulent acquisitions in a bankruptcy proceeding that increase the
offense level. In addition, there are in-depth discussions of asset forfeiture;
civil and criminal forfeiture; bankruptcy court jurisdiction over forfeited
property; the effect of the automatic stay on forfeiture; a trustee's avoidance
of asset forfeiture; and the turnover of forfeited property.
"If I were a lawyer involved in a bankruptcy matter, whether civil or
criminal, and had only one reference work that I could rely on, it would be this
book."
E. Lawrence Barcella, Jr.
Paul, Hastings, Janofsky, and Walker, Washington, D. C.
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Stephanie
Wickouski is a partner in the Washington, D.C. office of Gardner, Carton &
Douglas. Her practice is concentrated in business bankruptcy, insolvency, and
commercial litigation. Ms. Wickouski counsels clients on all aspects of
financial and credit relationships. She has extensive litigation experience in
complex reorganization cases before federal bankruptcy courts throughout the
country, and has written extensively on bankruptcy issues. Her articles have
appeared in The National Law Journal, ABA Litigation Magazine, Legal Times,
Washington Business Journal and official publications of the District of
Columbia, New Jersey, and Pennsylvania State Bar Associations.
In
addition, Ms. Wickouski is a frequent lecturer on bankruptcy, health care
insolvency, acquisitions of distressed companies, lender liability, and troubled
loans. She has taught creditors' rights at the Catholic University School of Law
and was formerly a law clerk to the Hon. Roger M. Whelan, former U.S. Bankruptcy
Judge for the District of Columbia. Prior to entering private practice, she was
a trial attorney with the Civil Division of the U.S. Department of Justice,
where she received several awards for her handling of litigation in airline
bankruptcies. She has served as a panel trustee for the U.S. Bankruptcy Court
for the Eastern District of Virginia and as a mediator for the U.S. District
Court for the District of Columbia.
Recently, she served as the lead counsel to New York Medical Group, P.C. in
its recent chapter 11 case in the United States Bankruptcy Court for the
Southern District of New York, and as lead counsel to Newsworld Communications
(The Washington Times) in its acquisition of UPI.
Bankruptcy Crimes is the leading authoritative treatise on the subject
of bankruptcy fraud.
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FOREWORD |
XIII |
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PREFACE |
XV |
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ACKNOWLEDGMENTS |
XVII |
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LIST OF ABBREVIATIONS |
XIX |
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ABOUT THE AUTHOR |
XXI |
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CONTRIBUTOR |
XXIII |
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PART 1. INTRODUCTION AND HISTORY |
1. |
Overview |
3 |
2. |
Historical Summary |
7 |
3. |
Common Fraud Schemes |
13 |
4. |
Due Process and the Interpretation of Criminal Statutes |
17 |
PART 2. ANALYSIS OF TITLE 18, UNITED STATES CODE,
CHAPTER 9 |
5. |
Overview |
23 |
6. |
Concealment of Assets: 18 U.S.C. § 152(1) |
35 |
7. |
False Oaths, Accounts, and Declarations: 18 U.S.C. §
152(2) and 152(3) |
48 |
8. |
False Claims: 18 U.S.C. § 152(4) |
59 |
9. |
Receiving Property with the Intent to Defeat the Bankruptcy
Code and Bribery: 18 U.S.C. § 152(5) and (6) |
63 |
10. |
Fraudulent Prebankruptcy Transfers: 18 U.S.C. § 152(7) |
72 |
11. |
Concealment or Destruction of Records: 18 U.S.C. § 152(8)
and (9) |
76 |
12. |
Embezzlement against Estates: 18 U.S.C. § 153 |
80 |
13. |
Adverse Interest and Conduct of Officers: 18 U.S.C. § 154 |
83 |
14. |
Fee Agreements in Cases under Title 11 and Receiverships:
18 U.S.C. § 155 |
87 |
15. |
Bankruptcy Petition Preparer Fraud: 18 U.S.C 18 § 156 |
91 |
16. |
Bankruptcy Fraud: 18 U.S.C § 157 |
96 |
PART 3. RELATED OFFENSES |
17. |
Statutory Overlap and Multiplicity |
103 |
18. |
Aiding and Abetting: 18 U.S.C. § 2: Principals and
Accessories: 18 U.S.C. § 3: and Misprision: 18 U.S.C. § 4 |
108 |
19. |
Conspiracy: 18 U.S.C. § 371 |
115 |
20. |
False Statements: 18 U.S.C. §§ 1001, 1014, and 1032 |
122 |
21. |
Mail, Wire, or Bank Fraud: 18 U.S.C. §§1341-1344 |
131 |
22. |
Obstruction of Justice:18 U.S.C. § 1503 |
137 |
23. |
Perjury: 18 U.S.C. §§1621-1623 |
143 |
24. |
Racketeer Influenced and Corrupt Organizations Act: 18
U.S.C. § 1962 |
153 |
25. |
Money Laundering: 18 U.S.C. § 1956 |
159 |
26. |
Other Related Provisions |
165 |
PART 4. PROSECUTION AND DEFENSE |
27. |
Investigation |
169 |
28. |
Indictment |
175 |
29. |
Overview of Defenses |
180 |
30. |
Statute of Limitations |
186 |
31. |
Advice of Counsel |
191 |
32. |
Attorney-Client Privilege |
194 |
33. |
The Fifth Amendment Privilege |
201 |
PART 5. PENALTIES |
34. |
Federal Sentencing Guidelines |
211 |
35. |
Restitution, Fines and Forfeitures |
224 |
36. |
Plea Agreements |
230 |
PART 6. CIVIL AND COLLATERAL ISSUES |
37. |
Relationship between Civil and Criminal Proceedings |
235 |
38. |
Ethics and Professional Responsibility |
238 |
APPENDICES |
A. |
The Federal Bankruptcy Code |
253 |
B. |
Crimes and Criminal Procedure |
281 |
C. |
Excerpts from the Federal Rule of Bankruptcy Procedure |
307 |
D. |
Excerpts from the Federal Rule of Evidence |
323 |
E. |
Voluntary Petition |
327 |
F. |
List of Creditors Holding 20 Largest Unsecured Claims |
333 |
G. |
Schedules |
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H. |
Statement of Financial Affairs |
361 |
I. |
Proof of Claim |
373 |
J. |
Excerpts from the ABA Model Rules of Professional Conduct |
377 |
K. |
Excerpts from the U.S. Sentencing Guidelines Manual |
411 |
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Table of Authorities |
433 |
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Index |
453 |
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