33 disguises or attempts to conceal or disguise any loss which the institution has sustained or gives any incorrect account thereof, unless he or she satisfies the court that he or she had no intent to defraud. (4) Every person shall be guilty of an offence and liable to imprisonment for a period not exceeding one year who, while being an officer of the troubled financial institution— (a) causes or knowingly permits an undue preference as defined by the Insolvency Act [Chapter 6:04] to be given by the institution; or (b) causes or knowingly permits any debt or debts to the aggregate amount of one hundred thousand dollars or upwards to be contracted by the institution without any reasonable expectation that the institution will be able to discharge the same and the institution thereafter, being still a debtor for the said debt or debts, is subjected to administration. (5) Every person shall be guilty of an offence and liable to imprisonment for a period not exceeding two years who, while being a director, secretary or officer of a troubled financial institution and at any time during the administration of the institution— (a) knowing or suspecting that a false debt has been or is about to be proved against the institution, fails for a period of seven days to inform the administrator thereof in writing; or (b) fails to disclose to the administrator to the best of his or her knowledge all the property of the institution of any kind and the manner in which, the person to whom, the consideration for which and the time when any part thereof was disposed of unless he or she satisfies the court that he or she had some lawful excuse for such failure; or (c) fails to deliver to the administrator all books, documents, papers and writings in his or her custody or under his or her control relating to the property or affairs of the institution, unless he or she satisfies the court that he or she had some lawful excuse for such failure; or (d) prevents the production or delivery to the administrator of any books, documents or papers relating to the property or affairs of the institution. (6) Every person shall be guilty of an offence and liable to imprisonment for a period not exceeding one year who, while being a director, secretary or officer of a troubled financial institution and at any time during the administration of the institution, grants, promises or offers any consideration in order to induce any person to refrain from the investigation of the affairs of the institution or from the prosecution on a criminal charge of any officer of the institution or of any person with whom the institution may have had business relations. (7) Where a troubled financial institution is under administration, every person shall be guilty of an offence and liable to imprisonment for a period not exceeding six months who, while being a director, secretary or officer of the institution and being under examination at a meeting and being thereto required by the administrator or any creditor or member or their respective agents, fails to account for or to disclose what has become of any of the property of the institution which is proved to have been in his or her possession or, to his or her knowledge, in the possession of the institution so recently before the commencement of the administration that in the ordinary course he or she ought to be able to account for the same.

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