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Massachusetts White Collar Crime Questions & Answers
Q: What punishment might I face for credit card fraud over $1,200 with no prior record?
I am being arraigned tomorrow in district court for credit card fraud over $1,200. I have no prior record and have never been in legal trouble before. I don't have an attorney yet, and they will appoint one for me. No plea deal has been presented. What likely punishment could I face?
Joseph B. Simons
answered on May 5, 2025
answered on May 5, 2025
Don’t jump right to punishment, as there could be a defense for your case. Hopefully you get a good lawyer appointed. If you do end up deciding to resolve the case with a plea, though, you may be able to secure a continuance without a finding (“CWOF”), which is kind of like a delayed... View More 
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Q: Cousin forged power of attorney and took my phone and papers, can't contact family.
My cousin, who was my caregiver, took my phone and confiscated all my personal papers. She forged my name on a power of attorney and created another document making her sister a power of attorney as well, without my consent. I haven't spoken to my family in years and can't reach them.... View More
Kim Carnevale
answered on May 2, 2025
answered on May 2, 2025
I am not sure I understand whether your caregiver had a valid Power of Attorney, meaning one that you did actually sign, and then that caregiver signed your name (which you believe is a forgery) to another Power of Attorney to include her sister
OR whether your caregiver never had a valid... View More
Q: I own an s corporation it’s a construction company and me and my two brothers are equal owners and myself
and one brother came to find out our other brother was using funds for personal gain , taking extra checks forging checks he wrote in our names and so on, we called a special meeting gave him ample notice he did not appear we voted to remove him as an officer of the company and fire him as an... View More
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William J. Amann
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answered on Sep 30, 2024
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answered on Sep 30, 2024
You very likely need to get into Court (by filing a Complaint) and maybe get an injunction to stabilize operations and provide a full accounting. Business/partnership disputes are governed by the business' documents and usually, state law or the Uniform Partnership Act; it depends on how the... View More
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Q: How to submit a legal claim for $500 fraud with no police action?
I reported a fraud case involving a financial loss of $500 to the police, but have not received any response or seen any action taken. What steps can I take to submit a legal claim or pursue further action to address this issue?
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Neil F. Faigel
answered on May 16, 2025
answered on May 16, 2025
If you have not received any response from law enforcement, you should consult with an attorney. Often, an attorney will have a better contact within the police department to whom you can direct your inquiry and get a better result.
Q: What punishment might I face for credit card fraud over $1,200 with no prior record in Massachusetts?
I am concerned about the potential punishment for committing credit card fraud over $1,200 in Massachusetts. This involved online transactions, and I have no prior criminal record. Additionally, do district courts typically ask for a plea in such cases?
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James L. Arrasmith
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answered on May 15, 2025
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answered on May 15, 2025
In Massachusetts, credit card fraud involving more than \$1,200 is typically charged as a felony under the state’s larceny laws. For a first-time offense, this could carry a sentence of up to 2.5 years in the House of Correction or higher if the case is moved to Superior Court. However, since you... View More
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Q: Can town officials misuse police resources and be charged under RICO?
I have been experiencing ongoing harassment from the Chair of the Board of Selectmen in my town who has been alleged to misuse police resources. He staged events to falsely accuse me of violating a harassment prevention order, leading to my arrest and incarceration. The situation has escalated to... View More
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James L. Arrasmith
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answered on Mar 24, 2025
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answered on Mar 24, 2025
The RICO (Racketeer Influenced and Corrupt Organizations) statute might potentially apply to your situation, but it requires proving specific elements that can be challenging. For RICO charges to stick, prosecutors must demonstrate a pattern of racketeering activity (at least two predicate crimes... View More
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Q: Can I be removed from a Mass LLC without consent?
I've been removed from a Mass LLC that I was 50% owner of by the other 50% owner. The original LLC filing has me on it. My partner filed an amendment to the LLC that removed my name. And another amendment that changes the name of the LLC. Is it possible for this to happen without my consent?... View More
Kas DeCarvalho
answered on Feb 10, 2020
answered on Feb 10, 2020
Short answer: No, probably not.
You're response: "But my partner did--now what?!"
...and that's a longer answer.
So, unless your LLC's Operating Agreement provides for some mechanism for a single 50% Member to remover the other (which is possible,... View More
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