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2 Concealment Of Property Belonging To Bankruptcy Estate Of Debtor 18 USC § 152(1) Title 18, United States Code, Section 152(1), makes it a Federal crime or offense for anyone, in a case governed by the Federal bankruptcy law, fraudulently to conceal any property belonging to the estate of a bankruptcy debtor either from credit ors or from an officer of the court charged with t he control or custody of such property.The Defendant can be found guilt y of that offense only if all of thefollowing facts are proved beyond a reasonable doubt:First: That on or about the date charged, there was pending in the United States Bankruptcy Court for the District of, a bankruptcy case docketed as Case Number, wherein, [doing business as ] was the Debtor;Second: That the property or an interest in the property described in the indictment was a part of the bankruptcy estate of such Debtor; andThird: That the Defendant knowingly, willfully and fraudulently concealed the property from creditors or from the [Bankruptcy Administrator] [United States Trustee] who had responsibility f or the control or custody of such property, as charged. The term " Debtor" simply means the person or corporation concerning whom a case under the Federal bankruptcy laws has been commenced. When a debtor files a voluntary petition under the bankruptcy laws, thereis created an estate comprised, among other things, of all legal orequitable interests of the debtor in property wherever located and bywhomever held as of the commencement of the bankruptcy case. Thus, any interest owned by the bankruptcy debtor in any property at the time the bankruptcy case begins is a part of the bankruptcy estate. The fact that another person or entity also owned an interest in the property with the bankruptcy debtor does not prevent the interest of the bankruptcy debtor in the property from being a part of the bankruptcy estate. The bankruptcy estate also includes proceeds, product , rents, or profit s of or from property of the estate, except earnings from services performed by an individual debtor after t he commencement of t he case. The [Bankruptcy Administrator] [United States Trustee] for the Bankruptcy Court f or t he District of is an officer of t he court and was at all relevant times responsible for the control or custody of all property constituting the bankruptcy estate inCase Number. The essence of t he charge in the indictment is the knowing and fraudulent concealment by t he Defendant of property belonging to the estate of t he debtor. The term "concealment" or " conceal" is to be given its ordinary meaning, t hat is, to prevent disclosure or recognition of, or to place out of sight or to withdraw from being observed. A person "fraudulently conceals" property of the estate of a debtor when that person knowingly withholds information or property, or knowingly acts for the purpose of preventing the discovery of such property, intending t o deceive or to cheat a creditor or a custodian ordinarily for t he purpose of causing some financial loss to another or bringing some financial gain to one' s self. The term "creditor" means a person or company that has a claim or a right t o payment from the debt or that arose at the time of or before thebankruptcy court issued its order for relief concerning the debtor. The term “ custodian” means a person authorized by the bankruptcy court to administer the property of the debtor and includes a bankruptcyadministrator or trustee. Fraudulently concealing property of the estate of the debt or may include transferring property to a third party or entity, destroying the property, withholding know ledge concerning the existence or whereabouts of property, or knowingly doing anything else by which t hat person acts t o hinder, delay or defraud any of the creditors or the [Bankruptcy Administrator] [Unit ed States Trustee]. ANNOTATIONS AND COMMENTS 18 USC § 152(1) provides that whoever: (1) knowingly and fraudulent y conceals . . . in connection with a case under title 11, from credit ors or t he Unit ed States Trustee, any property belonging to t he estate of a debtor [shall be guilty of an offense against t he Unit ed States]. Maximum Penalty: Five (5) years imprisonment and applicable fine. Many of the definitions in this instruction are from 11 USC §§ 101(4), 101(9), 101(10), 101(12), 541(a)(1) and 541(a)(1)(6).