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New York Penal Law 185.00: Fraud in insolvency

May 5, 2017 New York Penal Code

Fraud of insolvency is a crime that involves mishandling property to for you to defraud creditors in a case where there is an impending insolvency or bankruptcy. Under the New York Penal Law 185:00, you are more likely to face insolvency fraud prosecution if you had the intention to defraud a creditor with your knowledge that you are on a brink to become insolvent or file bankruptcy.

You might also:
1. Falsify a record that relates to the estate of the debtor,
2. Conceal, remove, destroy, or transfer a property that is part of the estate of the debtor, or substantial interest in the estate of the debtor.
3. Misinterpreted property the property existence that is part of the estate of the debtor. Misinterpretation of the property location that is part of the debtor’s estate misinterpretation of any legal information for the proper administration insolvency or bankruptcy proceedings.
Example
Rachel becomes unable to pay her bills. In this case, she is in debt for more than $500,000 to several other creditors. She is extremely aware that it is only a matter of time before the bankruptcy statement is filled. Rachel sold some of her property to the relatives for a less market value before the property is directed to the subject by a bankruptcy administrator. She also gave away some of her property. Rachel could be charged with insolvency fraud because she had the knowledge that she was about to be declared bankrupt.

Related offenses
1. A security interest involved in fraud insolvency: New York Penal Code 185:05
2. Mortgaged property of fraudulent deposition: New York penal code 185:10
3. Fraudulent property removal subject to a conditional sale: New York Penal Code185:15

Defenses
For you to be convicted of the fraud of insolvency crime, the prosecutor must prove that you did these actions with intention. For you to act with your knowledge, you must have known the impending bankruptcy statement in violation of this statute. For instance, you would have violated a statute if you made a false material statement about any property belonging to another person’s estate. In this case, you realized that the statement was incorrect but did no action. You would not have violated this statute.

Sentence
Insolvency fraud is a crime classified as a class A misdemeanor. If you face a conviction resulting from this offense, you could face a one-year jail term. The judge might also consider giving you a three-year probation sentence combined with a fine.

New York Penal Code 185:00: Insolvency Fraud
1. As it is used under this section, an administrator means a trustee or an assignee for the creditors’ benefits. The person is also referred to as a receiver, a liquidator, or any other person entitled to administer property for the benefit of the creditor.
2. A person is referred to as guilty for the insolvency fraud if he has the intention to defraud a creditor and knows that the proceedings are about to take place. They must also be aware that the composition agreement or any other form of agreement is about to be made. In this case, he conveys, removes, transfers, encumbers, destroys, conceals, or otherwise disposes of any part of the debtor’s estate.

The nyc criminal attorneys Law Firm
While this crime is classified as a misdemeanor and not a felony, be sure to take it seriously because the consequences of any crime are grievous. There is also a possibility that you can face a jail sentence while you are on probation. NYC Criminal Attorneys Law Firm is extremely experienced to defend their clients in court. For a free consultation session, be sure to contact us and talk to an experienced advocate.

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