Albuquerque Man Sentenced on Bankruptcy Fraud Conviction

United States Attorney Kenneth J. Gonzales announced that Csaba Percifull, 38 years old, an Albuquerque resident, was sentenced in federal court today by United States District Judge M. Christina Armjio to 30 days in jail and five months’ home confinement with electronic monitoring, to be followed by three years’ supervised release, based on his previous conviction for bankruptcy fraud. Percifull also was ordered to pay $16,969.73 in restitution to the victims of the bankruptcy fraud.

On March 23, 2010, Percifull pled guilty to an Information charging him with one count of concealment of assets in a bankruptcy action, a felony, in violation of 18 U.S.C. § 152(1). The charge arose from Percifull’s filing of a petition under Chapter 7 of the Bankruptcy Code on October 14, 2005, and failing to report ownership of two pieces of real estate, a Jeep Liberty automobile, and two water purification systems, assets with an aggregate value of $54,000.

In a plea agreement with the U.S. Attorney’s Office, Percifull admitted that, shortly before filing his bankruptcy petition, he transferred the two pieces of real estate, rental properties, to a former girlfriend by way of warranty deed and received nothing in exchange for the properties. Thereafter, the former girlfriend sold one property for a net gain of $15,000 and deeded the second property back to Percifull after he had been discharged in bankruptcy. Percifull, a naturalized citizen from Romania, also admitted that, at the time he filed his bankruptcy petition, he owned a Jeep Liberty which he failed to list as an asset and instead shipped to Romania. He also failed to disclose ownership of two water purification machines valued at approximately $9,000.

Bankruptcy records reflect that when Percifull filed his bankruptcy petition in October 2005, he claimed debt in the amount of $126,000. The records indicate that Percifull was discharged in bankruptcy in January, 2006, and did not disclose these assets to the Bankruptcy Trustee at any time before the discharge. Following his plea of guilty, the creditors listed in Percifull’s bankruptcy filings were notified that assets might be available to cover some of Percifull’s previously discharged debt, and invited to file claims.

United States Attorney Gonzales said: "The sentenced imposed on Mr. Percifull today reflects the seriousness of his offense and promotes respect for the law. The integrity of the bankruptcy system is threatened whenever debtors, like Mr. Percifull, violate the Bankruptcy Code by seeking to discharge debt despite their ability to pay creditors or by concealing assets that should be liquidated for distribution to creditors. This prosecution reflects my office’s commitment to work with the Office of the United States Trustee to protect the integrity of the bankruptcy system."

This case was prosecuted by Assistant United States Attorney Mary L. Higgins and was investigated by the Federal Bureau of Investigation.