§ 152. — Concealment of assets; false oaths and claims; bribery.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC152]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 9--BANKRUPTCY
Sec. 152. Concealment of assets; false oaths and claims; bribery
A person who--
(1) knowingly and fraudulently conceals from a custodian,
trustee, marshal, or other officer of the court charged with the
control or custody of property, or, in connection with a case under
title 11, from creditors or the United States Trustee, any property
belonging to the estate of a debtor;
(2) knowingly and fraudulently makes a false oath or account in
or in relation to any case under title 11;
(3) knowingly and fraudulently makes a false declaration,
certificate, verification, or statement under penalty of perjury as
permitted under section 1746 of title 28, in or in relation to any
case under title 11;
(4) knowingly and fraudulently presents any false claim for
proof against the estate of a debtor, or uses any such claim in any
case under title 11, in a personal capacity or as or through an
agent, proxy, or attorney;
(5) knowingly and fraudulently receives any material amount of
property from a debtor after the filing of a case under title 11,
with intent to defeat the provisions of title 11;
(6) knowingly and fraudulently gives, offers, receives, or
attempts to obtain any money or property, remuneration,
compensation, reward, advantage, or promise thereof for acting or
forbearing to act in any case under title 11;
(7) in a personal capacity or as an agent or officer of any
person or corporation, in contemplation of a case under title 11 by
or against the person or any other person or corporation, or with
intent to defeat the provisions of title 11, knowingly and
fraudulently transfers or conceals any of his property or the
property of such other person or corporation;
(8) after the filing of a case under title 11 or in
contemplation thereof, knowingly and fraudulently conceals,
destroys, mutilates, falsifies, or makes a false entry in any
recorded information (including books, documents, records, and
papers) relating to the property or financial affairs of a debtor;
or
(9) after the filing of a case under title 11, knowingly and
fraudulently withholds from a custodian, trustee, marshal, or other
officer of the court or a United States Trustee entitled to its
possession, any recorded information (including books, documents,
records, and papers) relating to the property or financial affairs
of a debtor,
shall be fined under this title, imprisoned not more than 5 years, or
both.
(June 25, 1948, ch. 645, 62 Stat. 689; Pub. L. 86-519, Sec. 2, June 12,
1960, 74 Stat. 217; Pub. L. 86-701, Sept. 2, 1960, 74 Stat. 753; Pub. L.
94-550, Sec. 4, Oct. 18, 1976, 90 Stat. 2535; Pub. L. 95-598, title III,
Sec. 314(a), (c), Nov. 6, 1978, 92 Stat. 2676, 2677; Pub. L. 100-690,
title VII, Sec. 7017, Nov. 18, 1988, 102 Stat. 4395; Pub. L. 103-322,
title XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L.
103-394, title III, Sec. 312(a)(1)(A), Oct. 22, 1994, 108 Stat. 4138;
Pub. L. 104-294, title VI, Sec. 601(a)(1), Oct. 11, 1996, 110 Stat.
3497.)
Historical and Revision Notes
Based on section 52(b) of title 11, U.S.C., 1940 ed., Bankruptcy
(July 1, 1898, ch. 541, Sec. 29b, 30 Stat. 554; May 27, 1926, ch. 406,
Sec. 11 (part), 44 Stat. 665; June 22, 1938, ch. 575, Sec. 1 (part), 52
Stat. 855).
Section was broadened to apply to one who gives or offers a bribe.
Minor changes were made in phraseology.
Amendments
1996--Pub. L. 104-294 substituted ``fined under this title'' for
``fined not more than $5,000'' in closing provisions.
1994--Pub. L. 103-394 amended section generally, designating
undesignated pars. as opening provisions, pars. (1) to (9), and closing
provisions, and in pars. (1) and (9) inserting reference to United
States Trustee.
Pub. L. 103-322 substituted ``fined under this title'' for ``fined
not more than $5,000'' in last par.
1988--Pub. L. 100-690 substituted ``penalty of perjury'' for
``penalty or perjury'' in third par.
1978--Pub. L. 95-598 substituted, wherever appearing, ``debtor'' for
``bankrupt'', ``case under title 11'' for ``bankruptcy proceeding'', and
``provisions of title 11'' for ``bankruptcy law''; and substituted ``a
custodian'' for ``the receiver, custodian'', wherever appearing, and
``recorded information, including books, documents, records, and papers,
relating to the property or financial affairs'' for ``document affecting
or relating to the property or affairs'', in two places.
1976--Pub. L. 94-550 inserted paragraph covering the knowing and
fraudulent making of a false declaration, certificate, verification, or
statement under penalty of perjury as permitted under section 1746 of
title 28 or in relation to any bankruptcy proceeding.
1960--Pub. L. 86-701 included fraudulent transfers and concealment
of property by persons in their individual capacity in sixth par.
Pub. L. 86-519 struck out ``under oath'' after ``knowingly and
fraudulently presents'' in third par.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103-394 effective Oct. 22, 1994, and not
applicable with respect to cases commenced under Title 11, Bankruptcy,
before Oct. 22, 1994, see section 702 of Pub. L. 103-394, set out as a
note under section 101 of Title 11.
Effective Date of 1978 Amendment
Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section
402(a) of Pub. L. 95-598, set out as an Effective Date note preceding
section 101 of Title 11, Bankruptcy.
Savings Provision
Amendment by section 314 of Pub. L. 95-598 not to affect the
application of chapter 9 (Sec. 151 et seq.), chapter 96 (Sec. 1961 et
seq.), or section 2516, 3057, or 3284 of this title to any act of any
person (1) committed before Oct. 1, 1979, or (2) committed after Oct. 1,
1979, in connection with a case commenced before such date, see section
403(d) of Pub. L. 95-598, set out as a note preceding section 101 of
Title 11, Bankruptcy.
Section Referred to in Other Sections
This section is referred to in section 1956 of this title; title 7
section 12a; title 15 sections 78o, 80b-3.
