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18 U.S.C. § 3284 — Concealment of bankrupt’s assets

Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3284 — Concealment of bankrupt’s assets

The concealment of assets of a debtor in a case under title 11 shall be deemed to be a continuing offense until the debtor shall have been finally discharged or a discharge denied, and the period of limitations shall not begin to run until such final discharge or denial of discharge.

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Source file: Laws/federal/codes/united-states-code/title-18/section-3284-concealment-of-bankrupts-assets--4bc1f83252.md
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Source location: Title 18, Chapter 213, § 3284; chapter-213-limitations.md

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The concealment of assets of a debtor in a case under title 11 shall be deemed to be a continuing offense until the debtor shall have been finally discharged or a discharge denied, and the period of limitations shall not begin to run until such final discharge or denial of discharge.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3282 — Offenses not capital

**(a) In General.—** Except as otherwise expressly provided by law, no person shall be prosecuted, tried, or punished for any offense, not capital, unless the indictment is found or the information is instituted within five years next after such offense shall have been committed. **(b) DNA Profile Indictment.—** (1) **In general.—** — In any indictment for an offense under chapter 109A for which the identity of the accused is unknown, it shall be sufficient to describe the accused as an individual whose name is unknown, but who has a particular DNA profile. (2) **Exception.—** — Any indictment described under paragraph (1), which is found not later than 5 years after the offense under chapter 109A is committed, shall not be subject to— (A) the limitations period described under subsection (a); and (B) the provisions of chapter 208 until the individual is arrested or served with a summons in connection with the charges contained in the indictment. (3) **Defined term.—** — For purposes of this subsection, the term “DNA profile” means a set of DNA identification characteristics.

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Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 101 — Definitions

In this title the following definitions shall apply: (1) The term “accountant” means accountant authorized under applicable law to practice public accounting, and includes professional accounting association, corporation, or partnership, if so authorized. (2) The term “affiliate” means— (A) entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities— (i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or (ii) solely to secure a debt, if such entity has not in fact exercised such power to vote; (B) corporation 20 percent or more of whose outstanding voting securities are directly or indirectly owned, controlled, or held with power to vote, by the debtor, or by an entity that directly or indirectly owns, controls, or holds with power to vote, 20 percent or more of the outstanding voting securities of the debtor, other than an entity that holds such securities— (i) in a fiduciary or agency capacity without sole discretionary power to vote such securities; or (ii) solely to secure a debt, if such entity has not in fact exercised such power to vote; (C) person whose business is operated under a lease or operating agreement by a debtor, or person substantially all of whose property is operated under an operating agreement with the debtor; or (D) entity that operates the business or substantially all of the property of the debtor under a lease or operating agreement. (3) The term “assisted person” means any person whose debts consist primarily of consumer debts and the value of whose nonexempt property is less than $150,000.11 See Adjustment of Dollar Amounts not

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3284 — Concealment of bankrupt’s assets

Page 756 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3284 from its taxes, duties, or other sources, for the pay- ment of the national expenses.’’ Quoting United States v. Mayo (1813, Fed. Cas. No. 15,755) that ‘‘revenue laws’’ meant such laws ‘‘as are made for the direct and avowed purpose of creating revenue or public funds for the service of the Government.’’ Definition of revenue. ‘‘Revenue’’ is the income of a State, and the revenue of the Post Office Department, being raised by a tax on mailable matter conveyed in the mail, and which is disbursed in the public service, is as much a part of the income of the government as moneys collected for duties on imports (United States v. Bromley, 53 U.S. 88, 99, 13 L. Ed. 905). ‘‘Revenue’’ is the product or fruit of taxation. It mat- ters not in what form the power of taxation may be ex- ercised or to what subjects it may be applied, its exer- cise is intended to provide means for the support of the Government, and the means provided are necessarily to be regarded as the internal revenue. Duties upon im- ports are imposed for the same general object and, be- cause they are so imposed, the money thus produced is considered revenue, not because it is derived from any particular source (United States v. Wright, 1870, Fed. Cas. No. 16,770). ‘‘Revenue law’’ is defined as a law for direct object of imposing and collecting taxes, dues, imports, and ex- cises for government and its purposes (In re Mendenhall, D.C. Mont. 1935, 10 F. Supp. 122). Act Cong. March 2, 1799, ch. 22, 1 Stat. 627, regulating the collection of duties on imports, is a revenue law, within the meaning of act Cong. April 18, 1818, ch. 70, 3 Stat. 433, providing for the mode of suing for and re- covering penalties and forfeitures for violations

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