Contact

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  • Website: http://bankruptcyfraud.typepad.com/

Biography

Wayne D. Holly has been practicing law in the fields of bankruptcy fraud and bankruptcy crimes for 12 years.

In bankruptcy cases, Mr. Holly has represented creditors' committees, trustees, corporate chapter 11 debtors, individual and institutional, secured and unsecured, creditors and individuals in cases filed under chapter 7 and chapter 13 of the bankruptcy code. Representative matters include all manners of civil fraud in or in connection with bankruptcy or insolvency, managing potential parallel civil and criminal proceedings, and proceedings to deny debtors a discharge based on allegations of false oath, concealment of assets, fraudulent transfers, or falsifying, withholding or destroying records.

In criminal cases, Mr. Holly has represented defendants in the pre- and post- indictment defense of bankruptcy criminal charges and has consulted with defense counsel in numerous other cases of alleged bankruptcy fraud and abuse. Mr. Holly has also served as a consultant in the investigation, preparation, drafting and submission of bankruptcy criminal referrals.

Mr. Holly's practice is now exclusively limited to bankruptcy criminal defense and civil and criminal bankruptcy fraud matters. He currently monitors every known bankruptcy criminal case pending in the United States and reports on many of those cases in this blog.

Mr. Holly is the author of the only comprehensive treatise on bankruptcy fraud in existence. His book, "Bankruptcy Crimes Law and Procedure" was published by LRP Publications in 2006 and remains the most in-depth and authoritative publication on bankruptcy crimes in publication.

Mr. Holly is available as an attorney or consultant to individual and corporate clients, including debtors, creditors, trustees and attorneys.

Practice Areas: Bankruptcy Crimes; Civil and Criminal Bankruptcy Fraud & Abuse; Insolvency Fraud and Related Federal Financial Crimes

bankruptcy fraud schemes, concealment of assets, false oath and false declaration, use of false claims, fraudulent receipt of property, extortion, bribery and quid pro quo, transferring/concealing property in contemplation of bankruptcy, falsification, destruction, withholding financial records, fiduciary offenses, embezzlement, bankruptcy petition preparer offenses, bankruptcy-related offenses (identity theft, money laundering, mail fraud, mortgage fraud, perjury, obstruction/tampering/spoliation, conspiracy), state law insolvency crimes, federal sentencing (including base offense level, offense characteristics (amount of loss, number of victims, bankruptcy fraud, sophisticated means, vulnerable victims, abuse of position of trust), adjustments (role in offense, obstruction, multiple counts, acceptance of responsibility), criminal history category, sentencing departures (substantial assistance, other departures), guidelines range, variances, probation, and amount of restitution), appellate process, post-conviction review and remedies, parallel civil and criminal proceedings (protecting and preserving defenses and privileges), representation in civil bankruptcy investigations and examinations (341(a) meeting, 2004 examination, responding to subpoenas), objections to and revocations of discharge, and consulting, preparation, drafting criminal referrals.


Wayne D. Holly
Email: waynedholly@gmail.com