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Bankruptcy Crimes 2002 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

Categories: Bankruptcy & Insolvency | Criminal

This title is part of the Bankruptcy Primer list.

Of Interest:

A Treatise on the Law and Practice of Bankruptcy: Under the Act of Congress of 1898

Bankruptcy in United States History

Debtors and Creditors in America: Insolvency, Imprisonment for Debt, and Bankruptcy, 1607-1900

Logic and Limits of Bankruptcy Law

As We Forgive Our Debtors: Bankruptcy and Consumer Credit in America

Bankruptcy: A Feast for Lawyers

Ten Cents on the Dollar: Or the Bankruptcy Game

You Can Go Bankrupt Without Going Broke: An Essential Guide to Personal Bankruptcy

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. 

Stephanie WickouskiStephanie 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.

FOREWORD XIII
PREFACE XV
ACKNOWLEDGMENTS XVII
LIST OF ABBREVIATIONS XIX
ABOUT THE AUTHOR XXI
CONTRIBUTOR XXIII

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 
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
Table of Authorities 433
Index 453

 

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