18 U.S.C. § 152

Concealment of assets; false oaths and claims; bribery

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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.(June 25, 1948, ch. 645, 62 Stat. 689; Pub. L. 86–519, § 2, June 12, 1960, 74 Stat. 217; Pub. L. 86–701, Sept. 2, 1960, 74 Stat. 753; Pub. L. 94–550, § 4, Oct. 18, 1976, 90 Stat. 2535; Pub. L. 95–598, title III, § 314(a), (c), Nov. 6, 1978, 92 Stat. 2676, 2677; Pub. L. 100–690, title VII, § 7017, Nov. 18, 1988, 102 Stat. 4395; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 103–394, title III, § 312(a)(1)(A), Oct. 22, 1994, 108 Stat. 4138; Pub. L. 104–294, title VI, § 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, § 29b, 30 Stat. 554; May 27, 1926, ch. 406, § 11 (part), 44 Stat. 665; June 22, 1938, ch. 575, § 1 (part), 52 Stat. 855).

Section was broadened to apply to one who gives or offers a bribe.

Minor changes were made in phraseology.

Editorial NotesAmendments

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.

Statutory Notes and Related SubsidiariesEffective 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 (§ 151 et seq.), chapter 96 (§ 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.

Notes of Decisions

Cited in 1,169 cases (95 in the last 5 years), 1949–2026 · leading case: First Capital Asset Management, Inc. v. Brickellbush, Inc.

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First Capital Asset Management, Inc. v. Brickellbush, Inc. (2002) nysd · cites it 13× “Substantive RICO Claim: Sohrab Among the scores of predicate acts allegedly committed by Sohrab, the following are particularly relevant: (1) on July 17, 1997, Sohrab filed a materially false bankruptcy petition 39 in violation of 18 U.S.C. § 152 (2); (2) on July 17, 1997,…”

United States v. Sullivan (2008) ca9 · cites it 8× “§ 371 ; seventeen counts of bankruptcy fraud in violation of 18 U.S.C. § 152 ; and two counts of money laundering in violation of 18 U.”

United States v. Dennis (2001) ca11 · cites it 12× “BACKGROUND Dennis was convicted of five counts of bankruptcy fraud in violation of 18 U.S.C. § 152 , twenty-nine counts of illegal transfer of funds (money laundering) in violation of 18 U.”

United States v. Daniel P. Mitchell (2007) ca8 · cites it 19× “Mitchell (“Mitchell”) appeals from his conviction for violating 18 U.S.C. § 152 (1). He also contends the district court erred in denying his motion to dismiss the 18 U.”

United States v. Harry Herbert Wagner, Jr. (2004) ca6 · cites it 8× “(“Wagner”), a real-estate developer in northern Ohio, appeals his conviction for fraudulently concealing property from a bankruptcy trustee in violation of 18 U.S.C. § 152 (1) and filing a false document in a bankruptcy proceeding in violation of 18 U.”

First Capital Asset Management, Inc. v. Satinwood, Inc. (2004) ca2 · cites it 14× “The court found those allegations, as well, to be vague and unpersuasive. The court noted that Plaintiffs had not alleged with any specificity when assets were transferred from Soh-rab: “Although the [C]omplaint detailed] when the money was transferred to Soh-rab from the family…”

United States v. Maturin (2007) ca5 · cites it 8× “DENNIS, Circuit Judge: Appellant Roland Maturin pleaded guilty to one count of concealing assets in a bankruptcy proceeding, in violation of 18 U.S.C. § 152 (1). Maturin now challenges the district court’s restitution order as excessive.”

United States v. Stephen J. Sabbeth, Carole Sabbeth, Also Known as Carole Fiore (2001) ca2 · cites it 11× “§ 371 ; bankruptcy fraud, in violation of 18 U.S.C. § 152 (7); making false oaths in relation to a bankruptcy proceeding, in violation of 18 U.”

United States v. Boulware (2010) ca4 · cites it 5× “Count One charged her with knowingly and fraudulently making a false declaration, certification, verification, and statement under penalty of per jury by failing to disclose nine prior bankruptcy filings she had filed in the Northern District of Georgia within the past eight…”

United States v. David C. Hughes, the Office of the Federal Public Defender, Amicus Supporting (2005) ca4 · cites it 3× “Hughes was charged with three counts of bankruptcy fraud, see 18 U.S.C.A. § 152 (West 2000), and two counts of perjury, see 18 U.”

United States v. Naegele (2007) dcd · cites it 20× “He was charged in three counts with testifying falsely under oath at the creditors’ meeting ( 18 U.S.C. § 152 (2)), in seven counts with making false declarations or statements under penalty of perjury with respect to the documents he filed in the Bankruptcy Court ( 18 U.”

In Re May (1980) flnd · cites it 11× “Section 14(c)(1) incorporates the first undesignated paragraph of 18 U.S.C. § 152 which is a bankruptcy crime with respect to the secreting or concealment of assets as well as a ground barring a discharge.”

Show all 1,169 citing cases →

— 18 U.S.C. § 152(1) — 1 case

United States v. Dennis (2001) ca11

— 18 U.S.C. § 152(3) — 2 cases

Singh v. Attorney General of the United States (2012) ca3

United States v. Watts (1998) ca4

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.