10th Cir. Crim. Pattern Jury Instr. 2.10

CONCEALMENT) 18 U.S.C. § 152(1)

The defendant is charged in count ————— with a violation

of 18 U.S.C. section 152(1).

This law makes it a crime to conceal property belonging to the

estate of a debtor in bankruptcy.

T o fi n d t h e d e f e n d a n t g u i l t y o f t h i s c r i m e y o u m u s t b e

convinced that the government has proved each of the following

beyond a reasonable doubt:

First: there was a bankruptcy proceeding pending on or about

[date], in which [—————] was the debtor;

Second: [description of the property alleged in indictment]

was a part of the debtor’s bankruptcy estate;

Third: [defendant name] knowingly concealed the property

from the [custodian or trustee or marshal or other officer of the

court, who was charged with control or custody of the property]

[in Ch. 11 cases: creditors or United States Trustee]; and

Fourth: [defendant name] concealed the property with the

intent to defraud the [custodian or trustee or marshal or other

officer of the court, who was charged with control or custody of

the property] [in Ch. 11 cases: creditors or United States Trustee].

The “bankruptcy estate” includes all property in which the

debtor has a legal or equitable interest at the time the bankruptcy

case is filed. It also includes proceeds, products, rents, or profits

from the estate’s property.

“Conceal” means not only to hide or secrete, but also to

prevent discovery or withhold knowledge of an asset. In addition,

preventing disclosure or recognition of an asset is to conceal it.

Concealment of property of the estate may include transferring

property to a third party or entity, destroying the property,

withholding knowledge about the property’s existence or location, or

knowingly doing anything else that hinders, unreasonably delays, or

defrauds any creditors. Concealment is a continuing offense, so the

actions taken toward concealment may have begun either before or

after the bankruptcy proceeding began.

An act is done fraudulently if it is done with intent to deceive

in order to cause financial loss or loss of property or property

PATTERN CRIMINAL JURY INSTRUCTIONS

84

rights, or in order to cause a financial gain, either to oneself or

another, to the detriment of a third party.