TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 9 - BANKRUPTCY
HEAD
Sec. 152. Concealment of assets; false oaths and claims; bribery
STATUTE
A person who -
(1) knowingly and fraudulently conceals from a custodian,
trustee, marshal, or other officer of the court charged with the
control or custody of property, or, in connection with a case
under title 11, from creditors or the United States Trustee, any
property belonging to the estate of a debtor;
(2) knowingly and fraudulently makes a false oath or account in
or in relation to any case under title 11;
(3) knowingly and fraudulently makes a false declaration,
certificate, verification, or statement under penalty of perjury
as permitted under section 1746 of title 28, in or in relation to
any case under title 11;
(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;
(5) knowingly and fraudulently receives any material amount of
property from a debtor after the filing of a case under title 11,
with intent to defeat the provisions of title 11;
(6) knowingly and fraudulently gives, offers, receives, or
attempts to obtain any money or property, remuneration,
compensation, reward, advantage, or promise thereof for acting or
forbearing to act in any case under title 11;
(7) in a personal capacity or as an agent or officer of any
person or corporation, in contemplation of a case under title 11
by or against the person or any other person or corporation, or
with intent to defeat the provisions of title 11, knowingly and
fraudulently transfers or conceals any of his property or the
property of such other person or corporation;
(8) after the filing of a case under title 11 or in
contemplation thereof, knowingly and fraudulently conceals,
destroys, mutilates, falsifies, or makes a false entry in any
recorded information (including books, documents, records, and
papers) relating to the property or financial affairs of a
debtor; or
(9) after the filing of a case under title 11, knowingly and
fraudulently withholds from a custodian, trustee, marshal, or
other officer of the court or a United States Trustee entitled to
its possession, any recorded information (including books,
documents, records, and papers) relating to the property or
financial affairs of a debtor,
shall be fined under this title, imprisoned not more than 5 years,
or both.
SOURCE
(June 25, 1948, ch. 645, 62 Stat. 689; Pub. L. 86-519, Sec. 2, June
12, 1960, 74 Stat. 217; Pub. L. 86-701, Sept. 2, 1960, 74 Stat.
753; Pub. L. 94-550, Sec. 4, Oct. 18, 1976, 90 Stat. 2535; Pub. L.
95-598, title III, Sec. 314(a), (c), Nov. 6, 1978, 92 Stat. 2676,
2677; Pub. L. 100-690, title VII, Sec. 7017, Nov. 18, 1988, 102
Stat. 4395; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K), Sept.
13, 1994, 108 Stat. 2147; Pub. L. 103-394, title III, Sec.
312(a)(1)(A), Oct. 22, 1994, 108 Stat. 4138; Pub. L. 104-294, title
VI, Sec. 601(a)(1), Oct. 11, 1996, 110 Stat. 3497.)
HISTORICAL AND REVISION NOTES
Based on section 52(b) of title 11, U.S.C., 1940 ed., Bankruptcy
(July 1, 1898, ch. 541, Sec. 29b, 30 Stat. 554; May 27, 1926, ch.
406, Sec. 11 (part), 44 Stat. 665; June 22, 1938, ch. 575, Sec. 1
(part), 52 Stat. 855).
Section was broadened to apply to one who gives or offers a
bribe.
Minor changes were made in phraseology.
AMENDMENTS
1996 - Pub. L. 104-294 substituted "fined under this title" for
"fined not more than $5,000" in closing provisions.
1994 - Pub. L. 103-394 amended section generally, designating
undesignated pars. as opening provisions, pars. (1) to (9), and
closing provisions, and in pars. (1) and (9) inserting reference to
United States Trustee.
Pub. L. 103-322 substituted "fined under this title" for "fined
not more than $5,000" in last par.
1988 - Pub. L. 100-690 substituted "penalty of perjury" for
"penalty or perjury" in third par.
1978 - Pub. L. 95-598 substituted, wherever appearing, "debtor"
for "bankrupt", "case under title 11" for "bankruptcy proceeding",
and "provisions of title 11" for "bankruptcy law"; and substituted
"a custodian" for "the receiver, custodian", wherever appearing,
and "recorded information, including books, documents, records, and
papers, relating to the property or financial affairs" for
"document affecting or relating to the property or affairs", in two
places.
1976 - Pub. L. 94-550 inserted paragraph covering the knowing and
fraudulent making of a false declaration, certificate,
verification, or statement under penalty of perjury as permitted
under section 1746 of title 28 or in relation to any bankruptcy
proceeding.
1960 - Pub. L. 86-701 included fraudulent transfers and
concealment of property by persons in their individual capacity in
sixth par.
Pub. L. 86-519 struck out "under oath" after "knowingly and
fraudulently presents" in third par.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103-394 effective Oct. 22, 1994, and not
applicable with respect to cases commenced under Title 11,
Bankruptcy, before Oct. 22, 1994, see section 702 of Pub. L. 103-
394, set out as a note under section 101 of Title 11.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section
402(a) of Pub. L. 95-598, set out as an Effective Date note
preceding section 101 of Title 11, Bankruptcy.
SAVINGS PROVISION
Amendment by section 314 of Pub. L. 95-598 not to affect the
application of chapter 9 (Sec. 151 et seq.), chapter 96 (Sec. 1961
et seq.), or section 2516, 3057, or 3284 of this title to any act
of any person (1) committed before Oct. 1, 1979, or (2) committed
after Oct. 1, 1979, in connection with a case commenced before such
date, see section 403(d) of Pub. L. 95-598, set out as a note
preceding section 101 of Title 11, Bankruptcy.
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