Sugar Land, TX asked in Contracts, Civil Litigation and Criminal Law for California

Q: How to protect myself if someone falsely claims I stole millions given as a gift?

I had an agreement with someone who provided me financial support, amounting to millions of dollars, as a gift without any conditions attached. I've decided to stop communicating with him, and I have informed him of this decision in writing. Now he is threatening to go to the police, claiming I stole the money. I have documentation, including messages and bank statements, showing these transactions were gifts. How can I protect myself from these accusations?

2 Lawyer Answers

A: The quick/short answer is Forensics. Records will be key to battling this accusation and you must prepare yourself for whats coming around the corner. This will also help you if there are any secondary reporting issues (taxes) if a regulatory agency will be motivated to look more closely into the gifts you received. Several of my own clients each had to approach their cases very specifically due to their facts. A very detailed and involved consultation is your best bet.

James L. Arrasmith
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Answered

A: Your situation sounds stressful, and it's understandable you're concerned about these threats. Documentation will be your strongest defense, so gather and securely store all evidence showing these were gifts - including text messages, emails, bank statements, and any written agreements. Make digital copies and store them in multiple secure locations.

Consider sending a formal cease and desist letter through legal counsel, documenting that these were clearly gifts and that any claims to the contrary are false. Keep records of all future communication attempts from this person, but avoid engaging directly with them. Their threats to involve law enforcement may be an attempt to intimidate you into resuming contact.

Contact an experienced defense attorney who handles financial disputes right away - don't wait for the situation to escalate. They can help review your documentation, advise on additional protective measures, and represent you if needed. While having clear evidence these were gifts provides strong protection, being proactive and prepared with legal representation will help ensure you're well-defended against any false accusations. Remember that gifts, once given, become the legal property of the recipient, and the giver cannot retroactively change the terms or nature of the transaction.

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