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18 U.S.C. Sec. 152(8) DESTRUCTION OF RECORDS; FALSE ENTRIES - ELEMENTS

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Official Pattern Jury Instructions adopted by Federal 7th Circuit Court. All converted to Word format. Please see the official site for addional information. www.ca7.uscourts.gov/pattern-jury-instructions/pattern-jury.htm

18 U.S.C. Sec. 152(8) Destruction of Records; False Entries — Elements is a section of the United States Code that describes the elements of a crime involving the destruction of records or making false entries in records. This offense is punishable by a fine or imprisonment, or both. Specifically, the elements of this offense are: (1) that the defendant willfully destroyed, mutilated, altered, falsified, or concealed a record, document, or other object, (2) with the intent to obstruct, impede, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States. There are two types of 18 U.S.C. Sec. 152(8) Destruction of Records; False Entries — Elements: (1) destruction of records and (2) making false entries in records.

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FAQ

Whoever, knowingly and with intent to defraud the United States, or any agency thereof, possesses any false, altered, forged, or counterfeited writing or document for the purpose of enabling another to obtain from the United States, or from any agency, officer or agent thereof, any sum of money, shall be fined under

Elements and punishment A person is guilty of falsifying business records in the second degree when, with intent to defraud, he: makes or causes a false entry in the business records of an enterprise; or. alters, erases, obliterates, deletes, removes or destroys a true entry in the business records of an enterprise; or.

The section provides for a penalty for simple assault of a fine, imprisonment for up to one year, or both, and a penalty in all other cases of a fine, imprisonment for up to eight years, or both.

18 U.S.C. § 152 "attempts to cover all the possible methods by which a bankrupt or any other person may attempt to defeat the Bankruptcy Act through an effort to keep assets from being equitably distributed among creditors." Stegeman v.

Destruction or Alteration of Recorded Information -- 18 U.S.C. § 152(8) 18 U.S.C. § 152(8) prohibits the concealment, obstruction, mutilation or falsification of recorded information -- i.e., books, documents, records, and papers-- before or after the filing of a bankruptcy petition.

The statute of limitations for a § 1001 prosecution is five years and commences upon completion of the crime, e.g., upon making of false statement or submission of false document.

Under 18 U.S.C. § 1001, it's a felony crime to: make a ?false statement? to an agent of the federal government related to a federal matter.

Section 1001's statutory terms are violated if someone: "falsifies, conceals or covers up by any trick, scheme or device a material fact," "makes any false, fictitious or fraudulent statements or representations,"

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18 U.S.C. Sec. 152(8) DESTRUCTION OF RECORDS; FALSE ENTRIES - ELEMENTS