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California White Collar Crime Questions & Answers
1 Answer | Asked in White Collar Crime for California on
Q: Is it possible for a defendant to face charges in both federal and state court?
Robert Donald Gifford II
Robert Donald Gifford II
answered on Apr 13, 2018

Generally it is, but there are some exceptions to it. Bottom line is the because both are separate sovereigns, thus the double jeopardy clause does not apply. Most jurisdictions try to avoid doing this as it complicates trial dates and availability of witnesses.

1 Answer | Asked in Criminal Law, Federal Crimes, White Collar Crime and Identity Theft for California on
Q: How to get my case in a different Federal Jurisdiction?

I have a case that involves alot of unconstitutional acts and everyone in the the same area seem to have in one way or another participated. I want to get my case moved to a different jurisdiction in a federal court however I am stuck on whether or not that is possible and if there is a United... View More

Dale S. Gribow
Dale S. Gribow
answered on Apr 13, 2018

need a lot more facts

the first thing you have to do is hire an EXPERIENCED FEDERAL ATTORNEY.

most lawyers in the greater Palm Springs Area do not do Federal. In part it is because there is no federal court around us.

federal courts can hear cases from other states but this...
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Q: Can “Tortious interference” be grounds for a federal court filing where the damages are in excess of $100,000 2 states

Interfering party withdrew money a prior court ruled was to be divided evenly. They did so despite being requested both in writing and by civil court order.

The act has the effect of denying the other person of a substantial amount of money at retirement.... View More

William John Light
William John Light
answered on Mar 7, 2018

Sounds like you could go back to the court that issued the order and move for contempt, restraining order, etc. However, if the amount in controversy exceeds $75k, and both parties are residents of different states, you have diversity jurisdiction. I'm not sure what a federal judge would do... View More

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1 Answer | Asked in Criminal Law and White Collar Crime for California on
Q: In 2006 I plead guilty to mail fraud. The Feds actually alleged a corruption scheme in another state.

In 2006 I plead guilty to mail fraud. The Feds actually alleged a corruption scheme in another state. In 2006 I received my real estate license and in 2007 the State of CBRE revoked my license. It is now 2018, the fee to reinstate is $800. I will gladly pay the fee is there is a high degree of... View More

Dale S. Gribow
Dale S. Gribow
answered on Feb 23, 2018

To properly evaluate any legal question a lawyer needs a thorough summary of the facts. What you have shared is not much. If you are not clear then the lawyer will no doubt be challenged to give an accurate answer.

It is the same as using the adage for using a computer... “JUNK IN, JUNK...
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1 Answer | Asked in Criminal Law, Employment Law and White Collar Crime for California on
Q: my friend is a cashier at abig box store, she processed a return transaction w/outa customer how much trouble is she

She says they came and asked her bcuz the cstmr came back for a refund, it was $20.41, only time they know about, no record for over 25yrs

Dale S. Gribow
Dale S. Gribow
answered on Jan 13, 2018

a lawyer needs more info?

any prior record?

how much was the return?

do they have an idea how often she has done this and the total amount?

if this is the only time they know about she can argue it was a spur of the moment impulse but if they are aware of other...
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1 Answer | Asked in Consumer Law, Contracts, Antitrust and White Collar Crime for California on
Q: I had Finance the car through Santander Consumer USA on 8/28/15 but they reported it for8/16/15 is that legal

They also were supposed to send me a copy of my contract which I had never received they had sent me a $1,400 bill a week after I finance the car and then they repossessed my car 4 days after a late payment and sold it without my knowledge I also never received any of my personal belongings from... View More

William John Light
William John Light
answered on Jan 3, 2018

You need to consult NY attorneys.

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... View 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,
Ali Shahrestani,
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/... View 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,
Ali Shahrestani,
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... View 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... View More

Ali Shahrestani,
Ali Shahrestani,
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... View 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... View More

Ali Shahrestani,
Ali Shahrestani,
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... View 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... View More

Ali Shahrestani,
Ali Shahrestani,
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,... View 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,
Ali Shahrestani,
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,... View 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...
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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,
Ali Shahrestani,
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...
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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,
Ali Shahrestani,
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,... View 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... View 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... View 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... View 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... View More

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