Del. P.J.I. Crim. No. 11.892(4)

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 [misrepresented/(failed/refused) to disclose] to the

[receiver/administrator] the [existence/amount/location/other necessary information]

of any [part/interest] in the debtor's estate Defendant was legally required to furnish;

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.