South Dakota Codified Laws 54-8-23. Fraud in bankruptcy proceedings–Misdemeanor
Every person who, upon making or prosecuting any application for a discharge as an insolvent debtor, under the provisions of any law now in force, or that may hereafter be enacted:
(1) Fraudulently presents or authorizes to be presented on his behalf such application, in a case in which it is not authorized by law;
Attorney's Note
Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 1 misdemeanor | up to 1 year | up to $2,00 |
Terms Used In South Dakota Codified Laws 54-8-23
- Fraud: Intentional deception resulting in injury to another.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
(2) Makes or presents to any court or officer, in support of such application, any petition, schedule, book, account, voucher, or other paper or document, knowing the same to contain any false statement;
(3) Fraudulently makes and exhibits, or alters, obliterates, or destroys any account or voucher relating to the condition of his affairs, or any entry or statement in such account or voucher;
(4) Practices any fraud upon any creditor, with intent to induce him to petition for or consent to such discharge; or
(5) Conspires with or induces any person fraudulently to unite as creditor in any petition for such discharge, or to practice any fraud in aid thereof;
is guilty of a Class 1 misdemeanor.
Source: PenC 1877, § 638; CL 1887, § 6840; RPenC 1903, § 669; RC 1919, § 4280; SDC 1939, § 13.4304; SL 1980, ch 24, § 108.