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California White Collar Crime Questions & Answers
1 Answer | Asked in Bankruptcy, Collections and White Collar Crime for California on
Q: A debtor in Chapter 11 (a business) has sunk thousands of dollars of un-invoiced work into an insider's property. Legal?

The business in Chapter 11 has performed thousands of dollars work at no cost, and without billing, on an insiders' property. This has occurred over 3 years, with a majority of the work being done within the year prior to the Chapter 11 filing. The insider is not a creditor. Can the amount... Read more »

Leon Bayer
Leon Bayer answered on Oct 4, 2017

I think there is a good chance that it can be clawed back, if a trustee gets appointed. If it remains a debtor in possession, I would not expect the debtor to take action on this, unless forced to do so.

1 Answer | Asked in White Collar Crime for California on
Q: My kid who is over 18 stole took my credit card and used it without my permission

- I'd like to try to rescind the charges, but does that mean he'll get charged with anything criminal?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Aug 22, 2017

Did you already report it to the police? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... Read more »

1 Answer | Asked in White Collar Crime for California on
Q: Hello - how can I find out the outcome of a particular hearing? Case Number: 2:2015cv04869
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jun 29, 2017

Contact the court clerk for a copy of the orders. If it's published, you can view it online or at the law library. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... Read more »

1 Answer | Asked in Criminal Law and White Collar Crime for California on
Q: If Trump used money from his charitable foundation for himself (self-dealing), why wasn't he charged with a crime ?

A person who stole funds from a charity, especially if he/she was poor and minority, would go to jail.

Sergio H. Benavides
Sergio H. Benavides answered on Jun 20, 2017

Only Congress has the power to prosecute the president, and since Republicans hold the majority power in all three branches of government, they don't want to prosecute the president even if he may be guilty of crimes.

1 Answer | Asked in Criminal Law, Federal Crimes, Libel & Slander and White Collar Crime for California on
Q: How can you file criminal charges against a lady who CONFESSED to overdosing her mother to death,(in which she inherited

My aunt and Uncle have aquired much real/and other properties. Allibies used to back up break in of safebox will,now cousin, grandma,grandpa and aunts confessed murder of her mom! Dead! Aunt/Uncle both w/criminal past uncle have got away with it all. Sitting on inheritance. theMediater was same... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jun 2, 2017

You should report any suspected crimes to the police. A probate lawyer should be hired to help with your inheritance and estate concerns. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more... Read more »

1 Answer | Asked in Criminal Law, White Collar Crime and Wrongful Death for California on
Q: My son was convicted of murder but they have no proof,

they are just trying to say that he did it due to his record violence​

William John Light
William John Light answered on Apr 21, 2017

Do you have a question?

1 Answer | Asked in Business Law, Elder Law and White Collar Crime for California on
Q: Is it legal for a hardware store to provide client referrals to outside independent contractors and take % of profits?

I know there are laws around realtors, lawyers, and potentially even between contractors, however I can't get a straight answer about if it's considered legal to provide a referral requiring financial compensation. What about if the financial stake is never disclosed to the client (ie the person... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Apr 5, 2017

Careful you're not violating contractor and disclosure laws. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... Read more »

2 Answers | Asked in Civil Litigation, Civil Rights, Intellectual Property and White Collar Crime for California on
Q: If a corporation obtains my NDA in confidence..

I submitted a NDA for my product idea to an inventor's help company. They disclosed my NDA in confidence to a third party, in order to obtain the third party as investors for my product. The third party were very interested in my product and at that time they agreed to be the sole investor for my... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 27, 2017

You may have a case for breach of contract and possible IP infringement. Your facts are vague. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... Read more »

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1 Answer | Asked in White Collar Crime for California on
Q: What makes a corporate accounting error rise to the level of a criminal act?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 11, 2017

It depends on the type of error. Are you talking about tax fraud, embezzlement, or what? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... Read more »

1 Answer | Asked in Real Estate Law, Identity Theft and White Collar Crime for California on
Q: Where do I go and how do I file and what do I need for a Lis pendens
Ben F Meek III
Ben F Meek III answered on Mar 9, 2017

Your question is unclear. Are you wanting to record a Lis Pendens notice against real property in the County land records against someone else's property? Or are you wanting to know how to remove one that has been recorded against property you own?

If the former, you first would probably...
Read more »

1 Answer | Asked in White Collar Crime for California on
Q: Can you go to jail if you are accused of stealing trade secrets from a former employer?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 18, 2017

Often intellectual property violations are also considered crimes, including trade secret theft in CA under state and federal law. E.g., See: https://www.law.cornell.edu/uscode/text/18/1832

More details are necessary to provide a professional analysis of your issue. The best first step is...
Read more »

1 Answer | Asked in Civil Rights, Criminal Law, Federal Crimes and White Collar Crime for California on
Q: Hello, I have a question regarding a civil and a criminal matter. I was a victim a crime where I am not sure the best

or the best legal way to pursue. I have reported the assault to the police and would like sue for punitive damages. Can you put in your law suit first and then simultaneously pursue for criminal charges?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 2, 2017

You can file a civil lawsuit, and typically they are stayed until the criminal matter is adjudicated. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions,... Read more »

2 Answers | Asked in Personal Injury, Civil Litigation, Libel & Slander and White Collar Crime for California on
Q: May a Judge in jury trial suddenly dismiss my case because HE DECIDED defendants' behavior "was not outrageous enough"?

Defendant bank conspired with my estranged wife to get me to lie on loan/refi app, stating I was living in our jointly-owned home when I was not. Haven't for years. And more. Then, when I refused, they lied to her and, more importantly, to my two daughters, telling them I was to blame for them... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 10, 2016

I'm assuming that defendant filed a motion for summary judgment. Generally those are granted if the facts shown do not rise to a level that would, under the law, be what is required for you to prove. If you are represented by a lawyer,have him go over the judge's opinion with you. If you are... Read more »

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1 Answer | Asked in Real Estate Law, Tax Law, Probate and White Collar Crime for California on
Q: If the debtor dies before levy, the creditor continues under the EJL to Sheriff's sale, what title rights are bought?

They went to Sheriff's sale, a non-judgment creditor won the bid, and then that winning bidder filed a complaint to quiet title based upon the Sheriff's deed. But the deed states it is transferring all the right, title and interest of the judgment debtors.

Since my father was deceased... Read more »

Bruce Adrian Last
Bruce Adrian Last answered on Aug 24, 2016

You question deals with two common misconceptions: 1) That a person's debts die with them (not true); and 2) A estate planning trust (a.k.a.living trust or revocable trust) protects property from the Trustor's (the person who set up the trust) debts (also, not true.) Although, a heir or beneficiary... Read more »

1 Answer | Asked in White Collar Crime for California on
Q: My friend is being ratholed in a detention center by the FEDs. No chance of getting out on bail, no speedy trial.

They have kept him there almost 3 yrs. He has a vitamin deficieny (1 piece fruit every 2 wks.) Painful blisters all over his hands.Feds are protecting one of their corrupt Fed agents who was getting cut in scam operation. They are detaining many people in different areas to keep them from talking... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Oct 30, 2015

You asked this a long time ago. Has there been any resolution yet? Whenever anyone is charged with crime, they need to hire a private criminal defense attorney.

1 Answer | Asked in White Collar Crime for California on
Q: I HAVE EVIDENCE OF FRAUD COMMITTED BY A CONTRACT MANUFACTURING COMPANY IN THE PHARMA/OTC DRUG INDUSTRY. NEED LAWYER

An experienced investigator would find more evidence than I have, and I believe I can prove fraud with what I have found so far. A legal team that can be advisors working with us will see a crime in progress and be able to let me know what documentation I need as the perpatrating company continues... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Oct 30, 2015

This question was asked 3 years ago. Did you get an attorney or at least speak to a few of them?

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