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.

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

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.

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