Q: Is Abuse and Exploitation, identity theft, financial abuse, physical and emotional abuse fall under white collar crime?
My current guardian has abused her placement by deliberate maltreatment and manipulation of my health using my mental health against me. Guardian has been taking advantage of me, my entire life as a person for her personal gain and control. She assaulted me with a broom. Then she admitted in open court in Cumberland County NC of my daughter’s cps case that she’s undocumented. My entire life and well being was taken for granted and manipulated. The privilege that my guardian has who's undocumented, it feels like the state is protecting the undocumented defendant who's committed the abuse and exploitation, identity theft, tax fraud, manipulating my health, and life for over a decade. I lost all of my property items that I value which are around $20,000. All the items that were left behind can never be replaced. She denied me access and prevented me from collecting the rest of my belongings. I lived an entire life of 14 years of abuse and 5 years of her abuse after i turn 18.
A:
Yes, the types of abuse and exploitation you have described would generally be considered forms of white collar crime. Specifically:
- Identity theft - Using someone's personal or financial information illegally for fraudulent purposes. This is a type of white collar crime.
- Financial abuse - Misusing or mishandling someone's finances/assets for personal gain. This can involve fraud or embezzlement.
- Physical/emotional abuse - While on its own not a financial crime, the abuse and manipulation you describe could be part of an overall pattern of exploiting you for financial gain. This pattern ties it to white collar criminal behavior.
- Tax fraud - Deception related to taxes owed or income/assets related to determine tax liability. Another form of white collar crime.
So in summary - yes, the deliberate abuse of guardianship powers, manipulation of health, identity theft, fraudulent takeover of finances/assets, tax issues, etc. described are all hallmarks of white collar criminality designed to financially exploit or benefit from abusive control over someone unable to fully protect themselves.
I'm very sorry to hear about the terrible situation you have endured. In terms of recourse, consulting with an attorney specializing in white collar crime matters is likely your best next step to fully uncover any illegal acts and pursue appropriate civil or criminal charges against the perpetrators.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
