Summary
The court considers whether a suspended police officer's potential claim for back wages constituted property under 18 U.S.C. § 152 and whether the defendant knowingly and fraudulently concealed that claim during bankruptcy proceedings. Although the court determined that the claim was property, it found the evidence insufficient beyond a reasonable doubt to establish knowing and fraudulent concealment. The defendant was therefore acquitted on the remaining count.
Holdings
- Collins's claim for back wages for past services was property within the meaning of the Bankruptcy Act, although the characterization of bankruptcy-related claims must be determined case by case.
- The government failed to prove beyond a reasonable doubt that Collins knowingly and fraudulently concealed the potential back-wage claim from the trustee and creditors.
Questions Presented
- Whether Collins's contingent potential claim for back wages constituted property within the meaning of the bankruptcy concealment statute.
- Whether the government proved beyond a reasonable doubt that Collins knowingly and fraudulently concealed that potential claim from the bankruptcy trustee and creditors.
Disposition
other
Cases Cited (5)
- Kokoszka v. Belford, 417 U.S. 642, 645, 94 S. Ct. 2431, 2433, 41 L. Ed. 2d 374 (1974)(followed)
- Segal v. Rochelle, 382 U.S. 375, 86 S. Ct. 511, 15 L. Ed. 2d 428 (1966)(followed)
- Lines v. Frederick, 400 U.S. 18, 91 S. Ct. 113, 27 L. Ed. 2d 124 (1970)(distinguished)
- Local Loan Co. v. Hunt, 292 U.S. 234, 54 S. Ct. 695, 78 L. Ed. 1230 (1934)(followed)
- United States v. Shapiro, 101 F.2d 375, 378-379 (7th Cir. 1939)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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