Here, there is no evidence that Brad intended to defraud the car company out of their payments. The car company gets wind of this gift and reports it to the police. This is because intent is a difficult thing for prosecutors to prove, especially beyond a reasonable doubt.Įxample: Brad is several months behind on his car payments when he gives his brother a Rolex watch for his birthday. Can the charges be fought?īased on our experience in these types of cases, the most effective legal defense is to argue that you had no actual intent to avoid paying your debtors. Here, her boyfriend (the “transferee”) could be charged with knowingly receiving a fraudulent transfer if he knows that Mary is trying to hide the coins so she does not have to list them as assets during the divorce. Mary gives her new boyfriend her stash of gold coins to hold on to until the divorce is over. 3Įxample: Mary is being sued for divorce. you know the property is being transferred for the purpose of avoiding creditors.You knowingly receive a fraudulent transfer when you: Knowingly receiving a fraudulent conveyance NRS 203.330 and 203.355 prohibit the transfer of property or real estate with the intent to defraud creditors. It makes no difference that the judge has not ruled on the lawsuit yet. If caught, Greg could be charged with making a fraudulent conveyance for hiding his assets from Brad. Greg takes all his cash and puts it in an off-shore LLC so that Brad cannot access it. 2 This is a crime whether you move the assets before or after the lawsuit reaches a verdict.Įxample: Brad is suing Greg for not paying back a $100,000 loan. Your property so you do not have to pay them to the creditors who are currently suing you. Fraudulent conveyance by a judgment debtorĪ fraudulent conveyance by a judgment debtor is when you (Note that Sam could be charged with knowingly receiving a fraudulent transfer, discussed further down.)ġ.2. If caught, George could be charged for making a fraudulent conveyance because he intentionally gave away the Ferrari to avoid paying back his creditors. He gives his Ferrari to his best friend Sam on the understanding that Sam will give it back once his creditors quit hounding him for payment. 1 The property in these cases tends to be real property, vehicles, jewelry, or family heirlooms.Įxample: George maxed out his credit cards. Your assets for the purpose of preventing creditors from taking possession of them. Fraudulent conveyance by a debtorĪ fraudulent conveyance by a debtor is when you Nevada law has three separate fraudulent conveyance crimes: 1.1. The legal definition of a fraudulent conveyance is transferring assets in order to keep creditors from taking possession of them. Fraudulent conveyance by a judgment debtor In this article, our Las Vegas criminal defense attorneys discuss: Meanwhile, knowingly receiving a fraudulent conveyance is a misdemeanor carrying up to six months in jail and/or up to $1,000, plus restitution. Making a fraudulent conveyance is a gross misdemeanor, carrying up to 364 days in jail and/or $2,000 plus restitution. The key element of this crime is that you have the intent to defraud your creditors. In Nevada, a fraudulent conveyance is the transferring of assets for the purpose of keeping creditors from claiming them.
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