Fill and Sign the False Statements and Perjury an Overview of Federal Criminal Law Form

3 Presenting Or Using A False Claim In A Bankruptcy Proceeding 18 USC § 152(4) Title 18, United States Code, Section 152(4), makes it a Federal crime or offense for anyone to knowingly and fraudulently [present] [use] a false claim in any bankruptcy proceeding. The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt:First: That on or about t he date charged, t here w as pending in t he United States Bankruptcy Court for the District of , a bankruptcy case docket ed as Case Number , wherein, [doing business as] was the Debtor;Second: That the Defendant [in a personal capacity] [as or through an agent , proxy, or attorney] [presented] [used] a claim against the estate of the Debtor in such bankruptcy proceeding;Third: That the claim so [presented] [used] was false; andFourth: That the Defendant [presented] [used] such claim knowingly and fraudulently.A claim is "false" if it is untrue and is then known to be untrue by theperson [presenting] [using] it.A claim is "fraudulent" if it is intended to deceive or to cheat , ordinarily for t he purpose of causing some financial loss to another orbringing about some financial gain to one's self. ANNOTATIONS AND COMMENTS 18 USC § 152(4) provides that whoever: (4) knowingly and fraudulently presents any false claim for proof against the estate of a debtor, or uses any such claim in any case under title 11, in a personal capacity or as or through an agent , proxy, or attorney [shall be guilty of an offense against the United States]. Maximum Penalty: Five (5) years imprisonment and applicable fine.