DE · jury_instructions
Del. P.J.I. Crim. No. 11.892(1)
Fraud in Insolvency
FRAUD IN INSOLVENCY
In order to find Defendant guilty of Fraud in Insolvency, you must find the
State has proved the following four (4) elements beyond a reasonable doubt:
(1) Defendant meant to defraud a creditor;
(2) Defendant knew a [receiver/administrator/other arrangement for
liquidation] had been appointed for the benefit of creditors;
(3) Defendant [conveyed/transferred/removed/concealed/destroyed
/encumbered/otherwise disposed of] any part of or any interest in the debtor's estate;
and
(4) Defendant acted [intentionally/knowingly].
“Defraud” means to acquire a gain or advantage by fraud.
“Fraud” means an intentional perversion, misrepresentation or concealment of
truth.
“Intentionally” means it was Defendant’s conscious objective or purpose to
cause monetary harm or injury to the creditor.
“Knowingly” means Defendant was aware a [receiver/administrator/other
arrangement for liquidation] had been appointed for the benefit of creditors.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- crim-2022-03-14
- Content hash
449ac34fb5e36879397194c7bb048209605fb772f271377cb0dfe9774b1146e6
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