If you have A Jaguar, a 34 foot boat, cash and Certificates of deposits, you don’t file bankruptcy. And even if your cousin did it, it does not mean you should either. The FBI arrested eight people in May, 2016, charging them with allegedly concealing more than $3 million in assets from federal bankruptcy court in Miami.
According to allegations in the indictment, one couple liquidated a certificate of deposit worth approximately $141,829 in 2010, and then filed a joint petition for Chapter 7 bankruptcy in 2011. When asked about the accuracy of her disclosures in the bankruptcy petition, Yachezkel Nissenbaum “made false representations,’’ according to a press release from the U.S. Attorney’s Office. The couple has three young daughters who are now in the care of the Department of Children and Families.
In another arrest, Walter Lista, 43, of Pinecrest, transferred and concealed a Jeep Wrangler, a 34-foot boat, The Isabella, approximately $41,200 in cash and his interest and roles in companies he owned. The indictment alleges Lista failed to disclose the transfer of these assets, valued at more than $160,000, when he filed for Chapter 7 bankruptcy on May 30, 2013.
Rolando Garcia, 52, and Aileen Crespo, 43, of Miami. According to allegations in the indictment, they transferred assets held jointly to Crespo in a divorce settlement, before filing Chapter 7 bankruptcy. Among the assets allegedly concealed: properties in North Carolina, valued at $336,300; $36,000 in cash used to buy a Jaguar valued at approximately $80,000; and $100,257 in cash from the sale of a condo in the Bahamas.
Rebecca Solemani-Appelbaum, 50, of Boca Raton, who is accused of liquidating approximately $102,445 from her IRA account and transferring the money into a family member’s account, according to the indictment’s allegations. She is accused of not disclosing this transfer in her bankruptcy petition and various amended filings.
Finally, Gregory Lee Cutuli, 65, and Kathleen Anne Smith Cutuli, 65, both of Plant City, who are accused of transferring Kathleen’s $1.8 million federal income tax refund to Gregory and concealing the transfer in their Chapter 7 filing in Miami bankruptcy court, according to the indictment’s allegations. The indictment alleges Kathleen declared bankruptcy to avoid paying money to her former business partner. Investigators said the couple also failed to disclose furs, jewelry, household goods and cash.
Bankruptcy does not work well for individuals who try to commit fraud. Not worth the risk folks. Call 818 409 8911 and talk to a real bankruptcy attorney when you have a question.