Criminal Law Newsletters

Bankruptcy Fraud

Fraud is prevalent in bankruptcy proceedings. A debtor, creditor, or fiduciary may be charged with bankruptcy fraud. For example, individuals may attempt to transfer assets to others prior to filing for bankruptcy protections. There are numerous acts listed under federal statutes that constitute bankruptcy fraud. A common thread that runs through all of the acts is that the defendant act in a knowing fashion. A knowing fashion means that the defendant act in a voluntary and intentional manner. The prosecution may show that the defendant acted in a fraudulent manner by way of direct or circumstantial evidence.

CONFESSIONS - WAIVER OF RIGHTS

A confession must be voluntary in order to be admitted into evidence in a criminal proceeding. When a person makes a confession, he or she is waiving his or her right against self-incrimination under the Fifth Amendment of the United States Constitution. The person may also be waiving his or her right to counsel under the Sixth Amendment of the United States Constitution.

RELIEF FROM JUDGMENTS REGARDING COMPETENCY TO STAND TRIAL

A defendant does not generally have a right to appeal a judgment from a hearing on the defendant's competency to stand trial. The defendant only has a right to appeal his or her conviction for the offense with which he or she was charged.

Scientific Evidence

Scientific evidence constitutes evidence that has been developed through some sort of scientific method. Usually scientific evidence is information that has been published in periodicals and tested by scientists or professionals. This scientific information is considered to be valid within the scientific community.

VIOLATION OF A PROTECTIVE ORDER

A person commits the offense of violation of a protective order when the protective order has been issued on behalf of a protected person and when he or she commits an act of family violence, when he or she communicates directly with the protected person or a member of the protected person's family, when he or she goes near the protected person's residence or employment, or when he or she possesses a firearm.