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NCJRS Abstract

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NCJ Number: 84132 Find in a Library
Title: Crimes in Bankruptcy (From Economic Crime in Europe, P 106-208, 1980, L H Leigh, ed. - See NCJ-84126)
Author(s): L H Leigh; S Brown
Date Published: 1980
Page Count: 103
Sponsoring Agency: St Martin's Press
New York, NY 10010
Sale Source: St Martin's Press
Scholarly & Reference Division
175 Fifth Avenue
New York, NY 10010
United States of America
Language: English
Country: United States of America
Annotation: This study of a sample of bankruptcy cases in England focuses on the English bankruptcy system, bankruptcy offenses, the prosecution process, and sentencing.
Abstract: The English law of bankruptcy applies to any person within the jurisdiction of a bankruptcy court owing legally enforceable debts amounting in aggregate to more than 200 pounds. Bankruptcy offenses, which are for the most part contained in the Bankruptcy Act 1914, are in three categories: (1) offenses which relate to the conduct of the bankrupt's affairs up to the time of the bankruptcy, (2) offenses which relate to the bankrupt's failure to perform his duty after bankruptcy, and (3) offenses which consist of a disregard of disabilities imposed by law upon an undischarged bankrupt. Most prosecutions are conducted by the Department of Trade. The conviction rate for prosecuted cases is high, largely because of the careful scrutiny of cases to determine if there is sufficient evidence to obtain a conviction. The suspended sentence is a conventional sentence in the Crown Court, while the fine is the sentence most commonly used in the magistrates' court. There appears to be a shift of emphasis in the Department of Trade and the courts towards greater severity in company matters. This shift reflects an acceptance of the economic importance of the limited company to the business life of the United Kingdom. Forty-seven references and 162 notes are listed.
Index Term(s): Bankruptcy fraud; England; Laws and Statutes; Prosecution; Sentencing/Sanctions
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