Fraudulent bankruptcy

Legal defence in fraudulent-bankruptcy cases

Fraudulent bankruptcy (Article 241 of the Criminal Code) concerns a person who, in fraud of creditors, falsifies, removes or destroys the debtor’s records, conceals assets, presents fictitious debts or records sums not owed. Subparagraph (c) concerns disposal of part of the assets in insolvency, without a mandatory requirement of a derisory price. The provision does not generically restrict perpetrators to traders or directors. The penalty is 6 months–5 years, and proceedings begin upon a prior complaint. Any prohibitions arise from the specific sanction and applicable legislation, not a universal rule of loss of membership in a company. A lawyer can examine the transactions and basis of the allegation.

Fraudulent acts and defence strategies

Fraudulent-bankruptcy allegations require highly complex analysis of fund traceability and the legality of commercial operations conducted before or during insolvency proceedings. The defence strategy focuses principally on demonstrating the genuine nature of economic transactions, seeking to prove that transactions considered ‘fraudulent’ by the prosecution were actually legitimate business decisions made in an attempt to save the company from bankruptcy, not actions intentionally diminishing its assets.
Critical analysis of accounting expert reports, asset-transfer documents and commercial correspondence forms the core of the defence. The aim is to counter the indictment by proving absence of the specific intent to defraud creditors or by demonstrating accounting-record errors not attributable to the director (such as errors by external accounting personnel). The defence also seeks to challenge reports by court-appointed liquidators, who often hastily characterise commercial risk as criminal conduct, seeking closure of the case or acquittal.

Legal assistance and representation in Focșani and Vrancea County

Reports from ANAF, court-appointed liquidators or dissatisfied creditors can rapidly turn a business failure into a large-scale criminal investigation, with a risk of precautionary seizure of personal assets. The office of Lawyer Basuc Cosmin in Focșani offers specialist legal assistance in fraudulent-bankruptcy cases in Vrancea county. We assist during interviews before the Economic Crime Investigation Service (SICE) and detailed prosecutors’ checks, submit objections to court-appointed accounting expert assessments and provide firm representation at trial before Focșani District Court or prosecutors’ offices attached to Vrancea courts, protecting your assets and liberty.