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RULE 3057-1. CRIMINAL REFERRALS

Chapter: 
PART III. CLAIMS AND DISTRIBUTION TO CREDITORS AND EQUITY INTEREST HOLDERS; PLANS

A.      The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 created a new § 158 to Title 18 of the United States Code.  This section requires the designation of both the United States Attorney and agents of the Federal Bureau of Investigation to address abuse and fraud in bankruptcy schedules.  In addition, § 158 requires that all bankruptcy courts establish procedures for referring any case that may contain a materially fraudulent statement in a bankruptcy schedule to the designated agents of the United States Attorney and Federal Bureau of Investigation.

B.      To comply with the Court’s requirement, the following procedures have been adopted with the consent of the Court:

1.      This procedure is promulgated pursuant to 18 U.S.C. § 158(d).

2.      In the event that a Judge of this Court determines that a bankruptcy schedule or statement filed in a case may contain a materially fraudulent statement, the Presiding Judge will send a referral letter and/or a Notification Statement, together with copies of relevant documents, to the Chief Deputy or Deputy-in-Charge. 

3.      The Chief Deputy or Deputy-in-Charge will make a copy of the Notice for the file and recordkeeping purposes and will transmit the notice to individual(s) designated by the Attorney General in accordance with 18 U.S.C. § 158.

4.      The Presiding Judge may elect to first transmit the referral to the United States Trustee for further investigation and review.  The United States Trustee may elect to make a referral, based upon the further investigation, in which case the referral must be sent to the individuals specified in subparagraph (3) of this Rule.  In addition, a copy of the criminal referral must also be sent to the Administrative Office of the United States Courts. 

5.      This procedure will also apply to criminal referrals pursuant to 18 U.S.C. § 3057.