Bankruptcy Fraud:
A Federal Crime —
Even the intent to commit, may be punishable.
One of the first signature lines I read along with my Clients:
I have examined this petition, and I declare under penalty of perjury that the information provided is true and correct.
… I understand making a false statement, concealing property, or obtaining money or property by fraud in connection with a bankruptcy case can result in fines up to $250,000, or imprisonment for up to 20 years, or both. 18 U.S.C. §§ 152, 1341, 1519, and 3571.
The emphasis are mine…
Gratefully we have never had an issue. Our first 3 rules for filing a bankruptcy case:
- Disclosure
- Disclosure
- Disclosure
So, that’s not to say that Mr. Murphy, in the below Press Release, is guilty. An indictment is merely an accusation. He is presumed innocent unless proven guilty. But – some easy issues to avoid:
- Obtaining funds by making materially false and fraudulent pretenses, representations, and promises
- Misrepresenting property values, crop holdings or income
- Selling collateral outside of the agreements
- Provide inflated values on bankruptcy petitions
PRESS RELEASE:
Cass County Man Charged with Bank and Bankruptcy Fraud
U.S. Attorney’s Office, Central District of Illinois
SPRINGFIELD, Ill. – On June 6, 2023, a federal grand jury returned an indictment charging Travis Murphy, 40, of Chandlerville, Illinois, with four counts of bank fraud alleging over $8.4 million in fraud and one count of bankruptcy fraud.
The indictment alleges that Murphy, through the business Murphy Farms, devised a scheme to defraud a FDIC insured bank and obtain its funds by making materially false and fraudulent pretenses, representations, and promises. According to the indictment, Murphy obtained loans totaling over $8.4 million after submitting documents that misrepresented his property values, crop holdings, and income. After obtaining the loans and defaulting on payment, Murphy later sold collateral, being crops, outside of the agreement. Further, Murphy reiterated the inflated value of his property on his petition when he filed for bankruptcy.
Murphy has been issued a summons to appear before the United States Magistrate Judge in Springfield, but the exact date for his appearance has not yet been finalized.
If convicted, Murphy faces a penalty of up to thirty years in prison and five years of supervised release on each bank fraud count and a penalty of up to five years in prison and three years of supervised release on the bankruptcy fraud count. The charges also carry maximum fines of up to $1,000,000 for each count of bank fraud and up to $250,000 for the bankruptcy fraud count.
The charges are the result of an investigation by the Federal Bureau of Investigation, Springfield Field Office. The bankruptcy fraud charge was referred for criminal prosecution by the Office of the United States Bankruptcy Trustee for Region 10. The U.S. Trustee Program is the component of the Justice Department that protects the integrity of the bankruptcy system by overseeing case administration and litigating to enforce the bankruptcy laws. Region 10 is headquartered in Indianapolis, Indiana, with additional offices in South Bend, Indiana, and Peoria, Illinois. Assistant U.S. Attorney Sierra Senor-Moore is representing the government in the prosecution.
Members of the public are reminded that an is merely an accusation; the defendant is presumed innocent unless proven guilty.
UPDATED: Wednesday, June 7, 2023
If you or someone you know is struggling with money, there is no reason to go to this extreme.