Emory Bankruptcy Developments Journal


Leia Clement


The federal bankruptcy system depends upon the United States Trustee Program to identify bankruptcy fraud and upon the United States Attorney's Office to take appropriate action. This Comment seeks to provide insight into the factors that affect whether a case is selected for prosecution or dismissal. It analyzes the available data compiled on bankruptcy fraud cases from the fiscal years of 2010 and 2011 with respect to the following factors: specific bankruptcy fraud criminal violations, United States Code violations, the identity of the defendants, the types of bankruptcy filing involved, the verdicts, and the sentences resulting from guilty verdicts. This Comment concludes that bankruptcy fraud is not being sufficiently prosecuted, resulting in harm to creditors, debtors, the government, the court, and the public as well as the policies underlying the bankruptcy system