5th Cir. Pattern Jury Instr. (Criminal) 2.08A

(BANKRUPTCY PROCEEDING PENDING)

18 U.S.C. § 152 (FIRST PARAGRAPH)

Title 18, United States Code, Section 152, makes it a crime for anyone to conceal property

belonging to the estate of a debtor in bankruptcy.

For you to find the defendant guilty of this crime, you must be convinced that the

government has proved each of the following beyond a reasonable doubt:

First: That there existed a proceeding in bankruptcy;

Second: That certain property belonged to the bankrupt estate;

Third: That defendant concealed such property from the creditors [custodian] [trustee]

[marshal] [some person] charged with control or custody of such property; and

Fourth: That the defendant did so knowingly and fraudulently.

The word “conceal” means to secrete, falsify, mutilate, fraudulently transfer, withhold

information or knowledge required by law to be made known, or to take any action preventing

discovery. Since the offense of concealment is a continuing one, the acts of concealment may have

begun before as well as after the bankruptcy proceeding began.

It is no defense that the concealment may have proved unsuccessful. Even though the

property in question may have been recovered for the debtor ’s estate, the defendant still may be

guilty of the offense charged.

Similarly, it is no defense that there was no demand by any officer of the court or creditor

for the property alleged to have been concealed. Demand on the defendant for such property is not

necessary in order to establish concealment.

An act is done fraudulently if done with intent to deceive or cheat any creditor, trustee, or

bankruptcy judge.