Fort Lauderdale Bankruptcy Fraud Defense Lawyers

Fighting Allegations of Bankruptcy Crimes

Facing federal bankruptcy fraud charges can be daunting. The potential penalties are serious, and navigating a complicated legal system often increases stress and uncertainty. At Hager & Schwartz, P.A., we recognize what’s at risk—your finances, freedom, and future. These cases are serious, but with the right bankruptcy fraud attorney by your side, effective strategies can be employed to defend your rights and contest the government’s case against you.

As former state prosecutors with over 50 years of combined criminal law experience, our Fort Lauderdale defense lawyers bring a unique perspective to every case we handle. We understand how the prosecution builds their cases and how to identify the weaknesses that can work in your favor. Whether you’re under investigation or facing fraud charges, we’re prepared to apply our knowledge and skills in your case.

If you’ve been accused of fraudulent bankruptcy filing, concealment of assets, or any other bankruptcy-related crime, contact us to schedule a free, confidential consultation.

Understanding Federal Bankruptcy Fraud Charges

Bankruptcy fraud is a serious federal crime governed by 18 U.S.C. § 157, which defines it as engaging in a scheme to defraud through bankruptcy. This law makes it illegal to intentionally submit false documents, make fraudulent statements, or hide assets at any stage of a bankruptcy case filed under Title 11 of the United States Code.

In short, someone who knowingly tries to manipulate the bankruptcy system for financial gain can be prosecuted for bankruptcy fraud.

We recognize the stress and fear of facing federal bankruptcy fraud charges. As former state prosecutors, we know how these investigations are conducted and how prosecutors build their cases. This inside knowledge allows us to craft tailored defense strategies to expose weaknesses in the government’s evidence and protect your rights.

Common Types of Bankruptcy Cases We Handle

When facing accusations of bankruptcy fraud, it's important to recognize that not all cases are the same. Federal bankruptcy fraud charges can arise from various actions—some deliberate, others due to misunderstandings or errors during a complex legal process. 

Our bankruptcy crimes defense attorneys have extensive experience handling fraud-related allegations. We take the time to understand the specific facts of your case and develop a defense strategy tailored to your needs.

Types of bankruptcy cases we defend include:

• Concealment of assets: Not disclosing property, income, or other assets during bankruptcy is a common form of bankruptcy fraud. This conduct may involve transferring property to friends or family to hide it from creditors.
• Filing false statements or documents: Providing inaccurate or misleading information in bankruptcy paperwork or giving false testimony under oath during hearings can result in serious federal charges. These cases are often classified as fraudulent bankruptcy filings.
• Multiple bankruptcy filings in different jurisdictions: Intentionally filing for bankruptcy in more than one court—without revealing the other filing—can trigger fraud investigations and result in federal prosecution.
• Bribery or coercion related to bankruptcy proceedings: Offering or accepting bribes to influence the outcome of a bankruptcy case, or using threats or intimidation to affect the process, is another serious offense under federal bankruptcy crime statutes.
• Chapter 7 bankruptcy fraud: Individuals trying to discharge debts while hiding assets or providing false financial details. Because of the liquidation process in Chapter 7, prosecutors often scrutinize these filings.

Regardless of the specific charge, our bankruptcy fraud defense lawyers know how to challenge the government’s case and protect your rights.

Bankruptcy Fraud Penalties

Being charged with bankruptcy fraud is more than just a legal hurdle—it’s a life-changing event with serious, long-term effects. Under federal law, penalties for bankruptcy fraud include hefty fines, restitution, and prison sentences. 

A conviction for bankruptcy fraud can result in up to five years in federal prison for each offense, along with significant financial penalties that could threaten your financial stability for years to come.

But the impact goes beyond the criminal sentence. A bankruptcy fraud conviction can also harm your personal and professional life. People with professional licenses—such as attorneys, accountants, or financial advisors—may face disciplinary actions, suspension, or permanent loss of their ability to work in their field. Additionally, the stigma linked to a federal fraud conviction can make it very hard to find future jobs, secure housing, or rebuild your reputation.

Beyond the financial and professional consequences, the emotional damage is just as severe. The pressure of criminal proceedings, the possibility of going to jail, and the fear of losing your job can heavily impact you and your family.

We recognize how much is on the line. We understand how aggressively the government pursues these cases—and how to develop defense strategies that challenge the evidence against you. If you’re facing federal bankruptcy fraud charges, we can help protect your rights, future, and peace of mind.

The Bankruptcy Fraud Investigation Process

If you suspect you’re under investigation for bankruptcy fraud—or if federal authorities have contacted you—it’s essential to act quickly. Investigating bankruptcy fraud often starts well before formal charges are made. During these early stages, investigators may send subpoenas for financial records, interview witnesses, and carefully examine bankruptcy filings for discrepancies. Federal agencies might even use undercover operations or electronic surveillance to collect evidence.

Multiple federal agencies usually participate in these investigations, including the Federal Bureau of Investigation (FBI), the U.S. Department of Justice (DOJ), and the U.S. Trustee Program, which manages bankruptcy cases. These agencies collaborate to build cases to secure criminal convictions in federal court.

One of the most important steps in this phase is to seek pre-indictment legal advice from an experienced bankruptcy fraud defense attorney. Getting legal counsel early in the investigation can greatly influence your case's outcome.

We assist clients in navigating these critical early stages—often before charges are officially filed. We aim to protect their rights, help them avoid making damaging statements, and communicate with prosecutors to possibly prevent charges from progressing.

We know how investigators build cases and where they might overstep. We can challenge the validity of the government’s evidence, examine their investigative techniques, and start creating a strong defense strategy.

Possible Defenses Against Bankruptcy Fraud Allegations

Being accused of bankruptcy fraud doesn’t automatically mean you’ll be convicted. Like all criminal cases, the government has the burden of proving its case beyond a reasonable doubt.

We create custom bankruptcy crimes defense strategies designed to challenge the prosecution’s evidence at every stage.

Defense strategies we may explore include the following:

• Lack of intent: Most bankruptcy fraud cases hinge on proving that the defendant intentionally tried to deceive the court or creditors. If the prosecution cannot demonstrate clear, willful intent, it may be possible to have the charges reduced or dismissed.
• Insufficient evidence: A successful white collar criminal defense often begins by scrutinizing the strength of the government’s evidence. We can aggressively challenge those weaknesses if investigators relied on incomplete records, circumstantial evidence, or unreliable witness testimony.
• Procedural errors during the bankruptcy fraud investigation: Federal agencies must follow strict legal protocols when conducting investigations. If your constitutional rights were violated—whether through improper searches, illegal surveillance, or flawed questioning techniques—we may be able to suppress key evidence.
• Misunderstandings or honest mistakes: The bankruptcy process is complex. Honest errors in paperwork or asset reporting can sometimes appear suspicious, but do not necessarily amount to criminal conduct. Demonstrating that any misstatements were unintentional can be a robust defense in alleged fraudulent bankruptcy filing cases.

Every bankruptcy crimes defense we build is tailored to the unique facts of your case. We take the time to analyze the details, uncover weaknesses in the prosecution’s strategy, and fight for a favorable outcome.

Choose a Skilled Team for Your Bankruptcy Fraud Defense

When your future is at stake, you need a defense team that combines experience and dedication. At Hager & Schwartz, P.A., we offer constant attorney accessibility, so you’re not left in the dark about your case's progress. Backed by decades of combined experience and a thorough understanding of prosecution and defense strategies, we know how to craft effective defenses against federal bankruptcy fraud charges.

Facing bankruptcy fraud charges in Fort Lauderdale? Our white collar criminal defense team is ready to help. Contact us for a free, confidential consultation.