Los Angeles Bankruptcy Fraud Defense Attorneys

Are You in Need of a Bankruptcy Fraud Defense Attorney?

Bankruptcy can provide individuals and businesses with a lawful way to address overwhelming debt, reorganize finances, or obtain a fresh financial start. But federal authorities take allegations of dishonesty during bankruptcy proceedings very seriously. What may begin as a financial filing can develop into a federal criminal investigation when prosecutors believe someone deliberately concealed assets, submitted false information, destroyed records, or otherwise attempted to manipulate the bankruptcy process.

The Los Angeles white collar crime defense lawyers at Werksman Jackson Quinn & Mason LLP defend clients who are facing federal allegations. Our legal team includes former federal and state prosecutors who understand how the government builds complex financial cases, and we know how to challenge those cases effectively. When bankruptcy fraud allegations threaten your freedom, our firm can provide strategic defense.

Why Choose Us Over Other Bankruptcy Fraud Defense Lawyers in Los Angeles?

If you have learned that federal investigators are examining your bankruptcy filings, received a subpoena, been contacted by law enforcement, or discovered that a bankruptcy trustee has raised concerns about your disclosures, it’s time to seek professional legal advice.

The federal government has substantial resources at its disposal. Defendants need a defense team that’s prepared to stand up to the prosecution and protect your rights. Werksman Jackson Quinn & Mason LLP brings decades of experience to the table.

Here’s what sets our firm apart:

• Firm founded in 1994: Werksman Jackson Quinn & Mason LLP has decades of experience handling serious criminal cases.
• Mark Werksman is a former Assistant United States Attorney and Deputy District Attorney: He has practiced criminal law since 1986 and brings extensive experience to complex criminal defense matters.
• AV-rated by Martindale-Hubbell: This is their highest rating for ethical standards and legal ability.
• Alan Jackson is a former high-level prosecutor: He previously served as Assistant Head Deputy of the Major Crimes Division of the Los Angeles County District Attorney's Office.
• Kelly Quinn is a certified specialist in writs and appeals: She provides experienced appellate representation and strategic guidance.
• Caleb Mason brings a proven record of criminal defense leadership to complex, high-stakes criminal cases: He provides strategic and determined representation.
• A team approach: Our attorneys work together to provide clients with the experience and resources of the entire firm rather than relying solely on one lawyer.

Get a Proven Defense Team on Your Side

Allegations of concealing assets during bankruptcy can lead to serious federal charges. Call (213) 688-0460 to speak with a bankruptcy fraud defense attorney.

How a Lawyer Can Help

Our Los Angeles criminal defense attorneys are prepared to examine whether prosecutors can establish criminal intent, whether allegedly concealed assets actually belonged to the debtor, whether inaccurate information resulted from an innocent mistake, and whether investigators obtained evidence lawfully.

We can also evaluate communications among debtors, accountants, bankruptcy attorneys, business partners, family members, and other parties to establish the full context behind disputed transactions or disclosures.

When it’s appropriate, we may communicate with prosecutors before charges are filed, present evidence contradicting allegations of fraud, negotiate with the government, or prepare the case for trial.

What Is Bankruptcy?

Bankruptcy is a legal process governed primarily by federal law that allows qualifying individuals or businesses to address debts under court supervision. Depending on the type of bankruptcy involved, a debtor may seek to discharge eligible debts, reorganize financial obligations, or establish a structured repayment plan.

• Chapter 7 Bankruptcy is commonly referred to as liquidation bankruptcy. A trustee is appointed to administer the bankruptcy estate, and certain nonexempt assets may be sold to pay creditors.
• Chapter 11 Bankruptcy is commonly associated with businesses, although individuals may also qualify. Chapter 11 cases can involve complicated corporate structures, substantial assets, creditors, financial records, and transactions.
• Chapter 13 Bankruptcy allows eligible individuals with regular income to reorganize their debts and repay some or all of them through a court-approved repayment plan over a specified period.

What Is Bankruptcy Fraud?

Bankruptcy fraud involves knowingly and fraudulently abusing the bankruptcy system through prohibited conduct such as concealing property, making false statements, submitting fraudulent documents, or withholding required information. To get a conviction federal prosecutors must prove the elements of the particular offense charged.

Failure to Disclose Assets

Debtors are required to disclose assets covered by bankruptcy reporting requirements. Prosecutors may allege fraud when they believe someone knowingly omitted property, financial accounts, business interests, investments, valuable personal property, or other assets.

Attempting to Hide Assets

Authorities may investigate transfers of money or property to relatives, friends, business associates, trusts, corporations, or other entities when they suspect those transfers were intended to keep assets away from creditors or the bankruptcy trustee.

The existence of a transfer alone does not establish fraudulent intent. The timing, purpose, ownership structure, documentation, and surrounding circumstances may all matter.

Destruction of Documents

Destroying or altering financial records to prevent trustees, creditors, or investigators from discovering relevant information can lead to serious allegations. Cases may involve physical records as well as electronically stored information.

Concealing Information in Bankruptcy Filings

A bankruptcy petition and its accompanying schedules require substantial financial disclosure. Knowingly withholding material information may result in an investigation, particularly when authorities believe the omission was intended to influence the proceeding.

Submitting Fraudulent Documents

Submitting fabricated or intentionally altered records can lead to allegations of bankruptcy fraud and potentially other federal offenses. Examples may include falsified financial statements, altered account records, fabricated contracts, or other fraudulent documents.

Bribing a Court-Appointed Trustee

Offering money, property, favors, or another benefit to improperly influence a bankruptcy trustee can result in extremely serious federal allegations. Depending on the circumstances, prosecutors may pursue bankruptcy-related charges along with other federal offenses.

Failure to Disclose Offshore Accounts

Foreign financial accounts can become a significant issue during bankruptcy proceedings. Prosecutors may investigate whether a debtor intentionally failed to disclose offshore accounts or other overseas assets in an effort to prevent them from being identified.

Submitting Documents With Incomplete or Inaccurate Information

Bankruptcy cases require extensive documentation, and incomplete or inaccurate information may attract scrutiny. The crucial criminal-law question is often why the information was inaccurate. An inadvertent omission, misunderstanding, accounting problem, or clerical error is fundamentally different from an intentional attempt to deceive the court.

Knowingly Making a False Statement During Bankruptcy Proceedings

False statements are not limited to written filings. Statements made under oath or during other parts of a bankruptcy proceeding may also become the subject of an investigation when authorities believe someone knowingly lied about material financial information.

Under Investigation for Bankruptcy Fraud?

Do not wait for federal prosecutors to make the next move. Call (213) 688-0460 to discuss your defense during a free consultation.

Defending Against Charges of Bankruptcy Fraud

Every bankruptcy fraud case depends on its facts. A defense strategy should therefore begin with a detailed examination of the financial records, bankruptcy documents, witness testimony, investigative methods, and evidence prosecutors intend to use.

There Was No Intent to Defraud

Intent can be one of the most important issues in a bankruptcy fraud prosecution. The government generally cannot transform every incorrect statement or omission into a criminal offense simply because the information was wrong.

The defense may demonstrate that the defendant acted without fraudulent intent, relied on information believed to be accurate, misunderstood a reporting obligation, or had another legitimate explanation for the disputed conduct.

Illegal Search and Seizure

Federal investigators must comply with constitutional restrictions when obtaining evidence. If authorities conducted an unlawful search or seizure, the defense may seek to suppress evidence obtained in violation of the defendant's rights. The impact can be substantial when improperly obtained evidence forms an important part of the government's case.

You Simply Made a Mistake

Bankruptcy paperwork can be complicated, particularly when a debtor owns businesses, multiple properties, investments, jointly held assets, or complicated financial accounts.

An omission or inaccurate answer may be a genuine mistake rather than a deliberate scheme. Financial records, communications, amended filings, professional advice, and other evidence may help establish the circumstances surrounding an error.

The Government Lacks Evidence to Prove Its Case

Prosecutors bear the burden of proving every required element of a criminal offense beyond a reasonable doubt. If prosecutors cannot establish the required knowledge or fraudulent intent, they may not be able to prove bankruptcy fraud.

Prosecutorial Misconduct

Federal prosecutors are subject to constitutional and ethical requirements. When prosecutorial misconduct affects a defendant's rights, the defense can take appropriate action. Misconduct may involve improperly withheld evidence, misleading representations, inappropriate arguments, or other conduct affecting the fairness of the proceedings.

What Clients Are Saying About Us

Will go above and beyond to win and defend you - Anonymous (5-Star Avvo Review)

Best attorney to help with my case! He will fight for you all the way. I trusted him with my case and his team to assist me. Will go above and beyond to win and defend you. Highly recommend!!!

A phenomenal attorney! - Jenna Jepson (5-Star Google Review)

Alan Jackson is a phenomenal attorney! He is so quick on his feet, detail oriented, and will zealously represent his clients.

Speak With an Experienced Los Angeles Bankruptcy Fraud Defense Attorney

A bankruptcy fraud investigation can quickly expand beyond questions about a bankruptcy petition. Federal investigators may scrutinize years of financial activity, interview business associates and family members, obtain banking records, and investigate possible related white collar crime allegations. Waiting until charges are filed can mean losing valuable opportunities to protect yourself.

Werksman Jackson Quinn & Mason LLP represents clients who are facing serious federal criminal investigations and prosecutions. Our firm combines the experience of former prosecutors, seasoned trial lawyers, and attorneys that know how to defend clients when everything is on the line.

If you are under investigation or have been charged with bankruptcy fraud in Los Angeles, call (213) 688-0460 to schedule a free consultation and discuss your defense options.

Frequently Asked Questions About Bankruptcy Fraud

What is bankruptcy fraud?

Bankruptcy fraud involves knowingly and fraudulently providing false information, concealing assets, submitting fraudulent documents, or otherwise attempting to manipulate the bankruptcy process. Because bankruptcy is governed by federal law, criminal bankruptcy fraud cases are typically prosecuted in federal courts.

What are common examples of bankruptcy fraud?

Common allegations include hiding assets, failing to disclose financial accounts, transferring property to conceal it from creditors, destroying financial records, submitting false documents, and knowingly making false statements during bankruptcy proceedings.

Is making a mistake on bankruptcy paperwork considered fraud?

Bankruptcy filings can be complicated, and an accidental omission, misunderstanding, or clerical error is different from intentionally providing false information. Lack of fraudulent intent may be an important defense against bankruptcy fraud charges.

Who investigates bankruptcy fraud?

Bankruptcy fraud allegations may come to the attention of federal authorities through bankruptcy trustees, creditors, court proceedings, or other investigations. A bankruptcy fraud lawyer can communicate with investigators and prosecutors on your behalf and help protect your rights during the investigative process.

What penalties can result from a bankruptcy fraud conviction?

A federal bankruptcy fraud conviction can potentially result in imprisonment, substantial fines, and other serious consequences. The precise penalties depend on the offense, circumstances of the case, criminal history, and whether prosecutors bring additional federal charges.

What defenses are available against bankruptcy fraud charges?

Possible defenses may include lack of fraudulent intent, making an innocent mistake, insufficient evidence, illegal search and seizure, or prosecutorial misconduct. The appropriate defense depends on the government's allegations and the financial and documentary evidence involved.

Can bankruptcy fraud lead to other federal criminal charges?

A bankruptcy fraud investigation may involve accusations of other white collar crimes, including mail fraud, wire fraud, money laundering, tax offenses, or conspiracy. This makes it important to evaluate the entire federal investigation rather than focusing only on the bankruptcy filing.

Meet Our Bankruptcy Fraud Defense Attorneys

Mark Werksman

Mark Werksman is a founding partner of Werksman Jackson Quinn & Mason LLP. He has practiced criminal law since 1986. Mark’s background includes service as both a Deputy District Attorney and an Assistant United States Attorney, giving him experience with criminal cases from the prosecution and defense perspectives. He represents individuals facing serious state and federal criminal allegations, including complex white collar and financial crime matters. His prosecutorial background allows him to anticipate how government attorneys may approach investigations, analyze evidence, and prepare cases for trial.

Alan Jackson

Alan Jackson is a partner at Werksman Jackson Quinn & Mason LLP and an accomplished trial attorney who represents clients facing serious criminal allegations. Before becoming a criminal defense lawyer, Jackson served as a prosecutor with the Los Angeles County District Attorney’s Office, where he handled complex and high-stakes prosecutions. That background gives him valuable insight into how prosecutors investigate cases, evaluate evidence, question witnesses, and develop trial strategies. Today, Jackson uses that experience to defend clients in state and federal courts.

Kelly Quinn

Kelly Quinn is a partner at Werksman Jackson Quinn & Mason LLP who represents clients confronting serious criminal matters and complex legal proceedings. Her practice includes appellate work, allowing her to address legal issues that may arise after trial as well as questions involving the interpretation and application of criminal law. Kelly approaches each matter with careful attention to the record, relevant legal authority, procedural requirements, and the particular circumstances affecting the client. Her work can involve detailed analysis of court records, motions, rulings, and other materials that may affect a client’s case.

Caleb Mason

Caleb Mason is a partner at Werksman Jackson Quinn & Mason LLP who represents clients in serious criminal cases and investigations. As part of the firm’s defense team, Caleb works on matters that can involve complicated factual disputes, extensive evidence, and significant consequences for the people accused. His approach emphasizes careful analysis of the prosecution’s allegations and the evidence authorities intend to use to establish their case. Mason focuses on protecting the client’s legal rights and interests while helping the defense team prepare for negotiations, motions, hearings, or trial when necessary.

Additional Information

• Legal Penalties and Defenses for Fraudulent Asset Transfer