Fraudulent Conveyance | Penal Code § 154 & 531

Description

California law makes it a crime to sell or give away your property in order to avoid having to use that property to pay back a debt. The concept is referred to as “concealing assets”. Violators may be charged with Fraudulent Conveyance.

What does the prosecutor have to prove?

§ 154 – Defraud Creditors: 1. Defendant fraudulently removed his or her property or effects out of this state. or
1. Defendant fraudulently sold, conveyed, assigned or concealed his or her property.
2. Defendant committed the above with the intent to defraud, hinder, or delay his or her creditors of their rights, claims, or demands. § 531 – Theft:

Punishment

Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	No
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	No
Do I lose my right to vote if convicted?	No
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	No
Is this charge considered a “crime of moral turpitude” for immigration purposes?	Yes
Is this charge considered a “aggravated felony” for immigration purposes?	May
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No