US-CA5 · jury_instructions
5th Cir. Pattern Jury Instr. (Criminal) 2.08B
BANKRUPTCY: PRESENTING OR USING A FALSE CLAIM
(BANKRUPTCY PROCEEDING PENDING)
18 U.S.C. § 152 (FOURTH PARAGRAPH)
Title 18, United States Code, Section 152, makes it a crime for anyone to present [use] a
false claim in any bankruptcy proceeding.
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 the defendant personally [or as or through an agent, proxy, or attorney]
presented [used] a claim for proof against the estate of a debtor;
Third: That such claim was false; and
Fourth: That such claim was presented [used] knowingly and fraudulently.
An act is done “fraudulently” if done with intent to deceive or cheat any creditor, trustee,
or bankruptcy judge.
Provenance
- Source
- lb5.uscourts.gov
- Retrieved
- 2026-08-19
- Edition
- 2026-08-19
- Content hash
2f70c822041c65f4b07143a74910d9e3ba10e2281e4aefeb83f1ba720113237e
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