21st Jan 2015
The nature of filing for bankruptcy can be an emotional and overwhelmingly difficult decision. Confusion as to how to comply with the strict requirements may result in an allegation of bankruptcy fraud. A purposeful misleading, defiance or obstruction of the bankruptcy process will certainly lead to a criminal bankruptcy investigation. This type of case mandates the use of an experienced criminal defense attorney since proper representation may result in:
– No legal action taken by the government;
– A negotiation that the matter will be resolved at a civil level or
– An effective negotiation significantly limiting criminal exposure.
The Federal system is controlled by complicated sentencing guidelines where penalty ranges can be enhanced or mitigated.
Effective representation may limit a person’s losses in a criminal prosecution. In the Federal system, there is a “guilt phase” and a “penalty phase.” Sometimes a person is guilty and should not go to trial yet the extent that they are guilty may be an issue which warrants effective, aggressive representation.
Don’t give up since there is very often a solution to the pending problem. The outcome of the bankruptcy fraud case can have major implications for the rest of your life, so protect yourself accordingly.