After a jury trial, Charles H. and his parents, Charles M. and Helen J. of White Plains, New York, were found guilty on charges of theft of public funds, wire fraud, bankruptcy fraud, and money laundering conspiracy. The charges arose from the family's schemes to defraud and their use of bankruptcy proceedings to further those schemes. Both father and son were convicted of concealing assets from the bankruptcy trustee and creditors and making false statements under penalty of perjury. The father was also found guilty of transferring approximately $489,000 from his brokerage account to an account in the Bahamas in contemplation of bankruptcy, and the mother was found to have engaged in bankruptcy fraud by receiving property in her name to defeat the bankruptcy laws. The White Plains office assisted in the investigation and preparation for the bankruptcy aspects of the trial. If the father was to be prosecuted criminally, what fact would have to hold regarding his transfer of money?