What is Bankruptcy Fraud?

Bankruptcy is a type of legal protection for those who have no other choice but to start fresh, financially. The objective of Chapter 7 bankruptcy is to liquidate non-exempt assets and sort out as much debt as possible. However, the process of filing for bankruptcy can be complex, especially for those who are not keen to legal jargon and procedure. For this reason, many people are simply afraid to file bankruptcy out of fear that they might make a mistake and be audited for fraud. In fact, professional bankers recommend hiring an attorney to file for bankruptcy for the sole purpose of avoiding devastating errors that can lead to legal troubles.

But not to worry; unintentional bankruptcy fraud is not even fraud. It’s common error that can be resolved. If you make a mistake during the filing process, you will simply be informed and redirected. However, deliberate bankruptcy fraud is another situation; one that comes with serious legal penalties.

Continue reading to learn what constitutes bankruptcy fraud, as well as, the standard penalties for being convicted in Indiana.

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Bankruptcy Fraud is a White Collar Crime

Bankruptcy fraud falls under white collar crimes, which entails federal-level offenses typically dealing with large amounts of money. When a person illegally drains the revenue and profits of a business or local economy, they have committed a white collar offense. Accordingly, a person commits bankruptcy fraud by knowingly and intentionally hiding or altering information for the purpose of gaining a financial advantage. More specifically, bankruptcy fraud occurs if an applicant purposefully hides assets, secretly transfers assets to conceal them, gives false information, bribes court-appointed trustees, files multiple times in different courts, or all a combination of the above.

Most Common Types of Bankruptcy Fraud Crimes in Indiana:

Providing False Information on Documents

Hiding Assets from Liquidation

Attorney Filing Incorrect Paperwork on Behalf of Client

Intentional Discrepancies on Bankruptcy Petition

Transferring Real Estate, Money, or Assets to Family Members

Filing Multiple Cases in Separate States

Using Stolen Social Security Numbers

Filing a False Claim

Destroying or Concealing Financial Records

Giving or Accepting a Bribe

Foreclosure Scams

State and Federal Bankruptcy Fraud Laws

Because it is a federal offense, if you are charged with bankruptcy fraud, you will face some serious penalties if found guilty. The common consequences are denial of bankruptcy, large fines, and of course, a criminal record. Here in Indiana, bankruptcy fraud is charged as a Level 5 Felony, which is punishable by up to 6 years in prison and $10,000 in fines. More serious crimes can be punished by up to 20 years in prison and $250,000 in fines.

Who to Trust for Skilled Federal Criminal Defense in Indiana

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you have been charged with a federal crime in Indianapolis, or within the Central Indiana counties. Our law firm offers aggressive and experienced criminal defense for anyone facing bankruptcy fraud charges or white collar crime charges in Indiana. Don’t settle for an attorney that doesn’t have the drive. Attorney David E. Lewis will stop at nothing to protect your rights and preserve your freedoms. We also offer criminal record expungement services to help clean up your criminal history and improve your quality of life!

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Are Ponzi Schemes Illegal?

A Ponzi scheme is formally known as a “pyramid scheme” or “pyramid promotional scheme”, and it is a felony white collar crime here in Indiana. Continue reading to learn more about these crimes, including some common history facts, probable legal penalties, and what to do if you are charged with a similar fraud offense in Indiana.

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Indiana Pyramid Schemes

A pyramid scheme is any type of operation that recruits participants who give over $100 for the opportunity to make more money by getting others to also become participants. In Indiana, the law defines pyramid scheme promotion or involvement as “persuading one or more individuals to join the scheme”, or “helping another person promote the scheme.”

Pyramid Scheme History

The meaning behind the colloquial term, “Ponzi” dates back in recent history to a man named Charles A. Ponzi, an Italian-born American swindler who was infamous for paying out returns using other investor’s money during the early 20th century. Although he was eventually caught and prosecuted, the immoral practice still occurs to this very day.

In fact, one of the most notorious pyramid scheme scams happened right here in Indiana back in 2012 when a financier named Tim Durham was convicted of conning nearly 200 million dollars from elderly investors. Another Hoosier by the name of John Marcum was charged by the Securities and Exchange Commission (SEC) for developing a $6 million Ponzi scheme in 2013.

Pyramid Scheme Laws and Penalties

According to Indiana Code 24-5-0.5: Deceptive Consumer Sales Act, “A person who founds, operates, or publicizes a pyramid scheme (a program where a participant gives over $100 for the opportunity to be compensated for getting others to join the program) commits a deceptive act under the Deceptive Consumer Sales Act.”

The state law allows a person to sue a Ponzi scammer in civil court if they suffered more than $500 in damages. The court, however, has full discretion to award 3 times the actual damages, or $1,000, as well as, lawyer fees, court costs, and even punitive damages for particularly egregious scams. Additionally, the law allows victims to join together and file a class action lawsuit against the pyramid scheme offender.

Pyramid Scheme Charges

If a person is charged with a pyramid scheme offense in Indiana, they face being convicted of one or more types of white collar crimes, including theft, money laundering, securities fraud, conspiracy, and more. It all depends on the details and scope of their offense. The common penalties that come along with such convictions include jail time, large fines, community service, probation, parole, house arrest, and restitution.

Indiana White Collar Crime Legal Defense

To best protect your rights and preserve your freedoms, you must have a seasoned and aggressive Indiana white collar criminal defense lawyer on your side, building you an impactful and strong case so that you can avoid the maximum penalties for your criminal charges. Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation and case evaluation with a licensed Indiana criminal defense lawyer you can trust.

Attorney David E. Lewis Provides Aggressive Defense for White Collar Crime Charges

If you are facing white collar criminal charges in Indiana, then you need a strong and impactful defense that protects your rights and preserves your freedoms. David E. Lewis, Attorney at Law, can help you fight your criminal charges and avoid jail time.

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Criminal Defense Law Firm 317-636-7514


When a person illegally exhausts the revenue and profits of a business or local economy, they have committed what is known as a “white collar” offense. The term, “white collar crimes” is an umbrella label for a widespread assortment of felony-level offenses that take place in business, corporate, or governmental settings. Common examples of such crimes include money laundering, counterfeiting, extortion, and insider trading.

White collar crimes can be charged on a federal, state, or county level, and come with extremely harsh penalties, such as long prison sentences, enormous fines, and a life-long felony record. Even for first-time offenders can be subjected to this level of penalization. Federal-level white collar crimes are normally investigated by federal organizations like the Federal Bureau of Investigation (FBI), the Drug Enforcement Agency (DEA), and the International Revenue Service (IRS).

Most Common White Collar Crimes:

INVESTMENT (PONZI) SCHEMES
LABOR RACKETEERING
FORGERY
FRAUD
BRIBERY
COUNTERFEITING
EMBEZZLEMENT
EMPLOYEE THEFT
MONEY LAUNDERING
TAX EVASION
IDENTITY THEFT
EXTORTION
BLACKMAIL
PUBLIC CORRUPTION
COPYRIGHT INFRINGEMENT
PRICE FIXING
WEIGHTS AND MEASURES
INSIDER TRADING

Facing Embezzlement Charges?

Embezzlement is any unlawful act of misappropriating funds, and can also be charged as grand larceny, employee theft, fraud, and more. Since embezzlement is often times more than one type of felony crime, the charges against them are more severe. Attorney David E. Lewis has successfully represented several white collar crime cases in Indianapolis and will instantly start building you a custom defense powerful enough to reduce or dismiss your embezzlement charges.

Facing Bribery Charges?

Bribery is a public corruption crime that is committed when a person attempts to buy influence from a public official, or anyone else in an official public position, with the intention to control their professional decisions or performance. If you are under investigation for bribery in Indiana, count on David E. Lewis, Attorney at Law, to fight your bribery charges and obtain the most favorable resolution possible for your case!

Facing Forgery Charges?

Forgery is committed when a person fills out an official or formal document with false information, in an attempt to defraud another person or entity. This includes matters of bank fraud, check fraud, identity theft, and several other types of theft crimes. If you have been charged with the crime of forgery, trust Attorney David E. Lewis to fight get started on your defense and for your rights.

You Have a Fighting Chance!

David E. Lewis Attorney at Law

David E. Lewis Attorney at Law 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation to discuss your white collar criminal charges. We work around the clock to ensure your rights are protected and your freedoms are preserved. You can avoid the maximum penalties for your charges with our aggressive legal representation! Call 317-636-7514 to get started, today.