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White Collar Crime Questions & Answers
2 Answers | Asked in Criminal Law, Probate and White Collar Crime for North Carolina on
Q: After being named Executor for the estate it's discovered that the (POA) took atleast 180,000 for personal use.

POA added her name to accounts making them joint accounts to have survivorship rights and to block Executor of estate from seeing what money was spent on. Used Zelle to move money out of joint accounts to pay credit cards and into personal accounts. Paid car note off then sold car and mothers car... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 11, 2022

This is a classic case of breach of fiduciary duty, conversion and probably other torts (and crimes). The case against the wrongdoer is an asset of the estate. As the executor, you have the authority to sue the wrongdoer on behalf of the estate for the return of the stolen funds. This is not a... Read more »

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2 Answers | Asked in Banking, Criminal Law, Identity Theft and White Collar Crime for Texas on
Q: Is there someone that can be held responsible for the headache this charge has caused me?

About myself: Besides a dismissal back in 2006 for Driving with Invalid License, and now this case, I have no other criminal history.

Recently, I was arrested due to having a warrant for one charge that was due to 2 hot checks I supposedly wrote at HEB, back in 2018.

I was confused... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Jan 9, 2022

Generally, a person has to pead guilty or "no contest" (which is the same thing as pleading guilty) in order for them to be placed on probation. And if you pleaded either of those, I'd say you are really out of luck. Then I would ask why you would do such a thing knowing you were not... Read more »

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1 Answer | Asked in Criminal Law and White Collar Crime for Georgia on
Q: In Georgia, under OCGA 42-8-38, does Probation begin when a motion challenging the Probationary Sentence is pending?

After servicing the imprisonment portion of the sentence and never reported?

Morris  Margulis
Morris Margulis answered on Dec 15, 2021

A pending motion to modify a criminal sentence (whether in custody or on probation) will not automatically pause that sentence.

You can ask for a supersedeas bond to relieve you of your probation obligations while your motion is pending, but absent relatively extreme circumstances, you are...
Read more »

1 Answer | Asked in Civil Rights, Criminal Law, Federal Crimes and White Collar Crime for Maryland on
Q: can you file criminal charges against a police officer for false arrest - - false imprisonment

can you file criminal charges against a police officer for false arrest - - false imprisonment

Matthew J. Bronson
Matthew J. Bronson answered on Dec 10, 2021

Theoretically you could file criminal charges for a false arrest, but it would be a long uphill battle to show an Officer intentionally made a false arrest resulting in malfeasance or misfeasance. If you believe the Officer had no reasonable grounds to place you under arrest, you should seek... Read more »

1 Answer | Asked in Criminal Law, Small Claims and White Collar Crime for Arizona on
Q: How can I prove ownership of the vehicle when it's titled in someone else's name?

I bought a vehicle in June 2021, received an open title & written bill of sale, but never registered it in my name. Fast forward to beginning of Nov, my husband asked a family friend to borrow $100 & told them he could pay back $10/day, but warned the payments would be sporadic. The friend... Read more »

Mike Branum
Mike Branum answered on Nov 30, 2021

Probably, but you will likely have to go to small claims court to do so. You would need to file a small claims court case for the current market value of the vehicle (because you cannot seek injunctive relief in justice court - "getting your title back" is injunctive relief). If you win... Read more »

1 Answer | Asked in Consumer Law, Banking and White Collar Crime for Michigan on
Q: Hi, I was victim of bank fraud - someone other than me initiated in branch transactions, bank didn't raise flags or stop

Do I have case for bank failure to either protect n secure my banking & personal info, since someone within the "bank" compromised my info, and also either failed to spot n prevent to confirm n varify acct ownership, or someone within that branch conspired to allow these transactions... Read more »

Brent T. Geers
Brent T. Geers answered on Nov 28, 2021

Without more, it's likely the bank will restore to you whatever funds you lost. Depending on what exactly happened, or how much you lost, you could look into pursuing things further.

1 Answer | Asked in Civil Litigation, Civil Rights and White Collar Crime for Texas on
Q: Do deffense attorneys protect the victims of a crime or only the accused?

If you or someone you know becomes a victim of a White Collar crime, should you contact an attorney before reporting it? What type of attorney represents the victim harmed by the crime?

Joseph Abrams
Joseph Abrams answered on Nov 25, 2021

Defense attorneys often represent victims of crimes to ensure their rights are protected and they are being treated fairly within the system. The prosecutor is also a representative of sorts for victims as they are the Peoples attorney as well. However, a defense attorney for a defendant in a... Read more »

1 Answer | Asked in Criminal Law, Banking and White Collar Crime for Michigan on
Q: If I had illegally used a debit card 2015, moved to Florida what are my options if any? Statute of limitations?

I had used my mom's credit union debit card at numerous places at the end of July 2015. Over a weekend. On Monday I got on a bus to Florida to escape an abusive boyfriend and a very serious drug problem. (Heroin for almost 12 years @ 30 yrs old. I e been clean and sober since. No further... Read more »

Brent T. Geers
Brent T. Geers answered on Nov 12, 2021

Do you have pending charges? Are there warrants for your arrest? If so, then at some point you'll have to deal with each case. And if you have warrants, it's hard to say whether any of them are serious enough to extradite you, but that is a possibility that you absolutely don't want.... Read more »

1 Answer | Asked in Criminal Law, Banking, Identity Theft and White Collar Crime for Ohio on
Q: Can i be convicted on charges if i never had a check cashed and they also don't have the check just a photocopy of it?

A friend of mine said he had done work for someone but didn't have an ID to cash a check they were paying him for the job so he had it put in my name. I went to cash this check and the bank acted a little fishy over this check and wanted me to stick around to ask the owner if it was legit. I... Read more »

Matthew Williams
Matthew Williams answered on Nov 4, 2021

Yes you could be convicted. Your defense goes to your state of mind and not knowing the check was a forgery. That can be difficult to back up. The prosecutor will almost certainly be convinced you were in on it. You should get a lawyer.

1 Answer | Asked in Criminal Law, Banking, Federal Crimes and White Collar Crime for Indiana on
Q: Does the owner of a deposit accepting ATM machine own the cash inside as well?

Scenario: I have my own personal deposit-accepting atm machine that only I use, no one else. I make a deposit of $100 into my checking account using a $100 bill. I then physically open the ATM machine and take out that $100 bill that was just inserted (but my checking account balance remains the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 27, 2021

If I were you I would have a banking lawyer on retainer, to help you when the going gets really tough.

1 Answer | Asked in Criminal Law, Federal Crimes and White Collar Crime for Florida on
Q: Where do I file a legal and/or criminal complaint if parties are in different states?

I wanted to look into filing a complaint against against some people for possible crimes, such as hacking my company's website and blackmail over the computer/text. I live in FL, they live in CA, and these incidents took place while they were in NY and CA. Can I file claims and complaints with... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 15, 2021

You do not "file" criminal complaints; a prosecuting attorney for one of the several jurisdictions involved would do that. You would contact the governmental agency (such as a district attorney or state attorney in California, New York, or Florida; the FBI or Justice Department for the... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Real Estate Law and White Collar Crime for Pennsylvania on
Q: Me and my family got scammed out of 10k by a company that swears they're helping people purchase houses.

They found us "temporary" apartments, twice, and they swore that this money they took from us was going into a down payment for the house we purchase. I have ALL the emails and texts messages with the bull they put us through and all the lies they told. I don't have any of the phone... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 28, 2021

Contact the Attorney General's Office of Consumer Affairs. You would also have an action in fraud against the company.

1 Answer | Asked in Criminal Law and White Collar Crime for North Carolina on
Q: How long does it take to get a no criminal no crime criminal installed microchip of medal metals of implants removal?

The cells dead in side the brain how long until vacuum out by law after installed in sleep by criminals 44 years?

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 21, 2021

Your legal inquiry is not clear.

Please restate it for clarity or, better yet, reach out to any established licensed criminal law attorney locally to relay your exact legal needs directly.

1 Answer | Asked in Criminal Law, Business Law and White Collar Crime for Georgia on
Q: Is it legal for A to sign B's name (in A's handwriting) on a legally significant document & without permission from B?

Later, B is held accountable for the accounting errors in the letter, even though A crafted and signed, and sent the letter without B's permission or knowledge.

Is the significance of the offense increased if this behavior is repeated over and over without permission or knowledge of B?

Joseph Abrams
Joseph Abrams answered on Sep 17, 2021

What you describe would be considered forgery in most jurisdictions, which often can be filed as either a misdemeanor or felony. Yes, generally speaking, repeated conduct can result in additional counts and/or be considered an aggravating sentencing factor.

- Law Office of Joseph Abrams,...
Read more »

1 Answer | Asked in Consumer Law, Criminal Law and White Collar Crime for Missouri on
Q: I have a quick question

will a criminal warrant show up in a background check through the state police criminal history report and court records please answer or what is the best site to check We did a national warrant search

Andrea Rogers
Andrea Rogers answered on Aug 19, 2021

Yes, if you have a warrant, it should show up on any standard criminal background check.

1 Answer | Asked in Federal Crimes and White Collar Crime for Pennsylvania on
Q: How can I find out if I had a federal indite
NiaLena Caravasos
NiaLena Caravasos answered on Aug 16, 2021

If you have been indicted by the federal government, you would have received some sort of notification from the federal agency involved. If you are concerned that you might have been indicted or that you might be under investigation, you should definitely contact a federal criminal defense attorney... Read more »

1 Answer | Asked in White Collar Crime for Arizona on
Q: Does restitution need to be paid on student loans?

I am rephrasing this question as the answer I received didn't answer what I was asking. I owe restitution where I am responsible to pay 10% on all income towards it monthly. Are student loans considered income that would be required to pay 10% on? Example, I just took out $1250 in a loan to... Read more »

Joseph Abrams
Joseph Abrams answered on Aug 7, 2021

The restitution order is separate and apart from any personal debts that you might have. The PO is responsible for collecting the restitution in accordance with the judgement issued by the court, and enforcing any other conditions ordered by the court. The repayment of personal debts is your own... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and White Collar Crime for Alabama on
Q: If my codefendant gets a better plea offer than I do an I have clean record not a felon an my codefendant has a record

But he got the better plea offer than me on intent with distribute case an it was his car an not mine plus I never seen any drugs or held any drugs what so ever. Why would he get better plea deal I have clean record he don't. Does that mean he blamed most likely

Joseph Abrams
Joseph Abrams answered on Aug 5, 2021

Plea agreements among codefendants are negotiated separately so they may not be all the same. However, most prosecutors will attempt to treat similarly-situated codefendants in a similar manner. It's difficult to say why your deal is different from the codefendant, but the skill of the defense... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and White Collar Crime for Alabama on
Q: When can you file a motion to suppress evidence my case been going on 3 yrs now. Also never gave permission to search

The car I just started driving like 10 minutes prior to me getting pulled over. I told them no 3 times

Joseph Abrams
Joseph Abrams answered on Aug 5, 2021

Generally, a motion to suppress can be filed any time during the pretrial/motion/discovery phase of the case, subject to any specific rules or requirements ret by the court.

- Law Office of Joseph Abrams, Anaheim, CA

1 Answer | Asked in Criminal Law, Domestic Violence, Sexual Harassment and White Collar Crime for California on
Q: Can I plead 5th

If I lied when calling cops about dv about some of the other questions they asked (has he ever done this or that) and said yes and now i got a subpoena to be at court can I plead the 5th? I mean I read they can charge you if you lied.

Dale S. Gribow
Dale S. Gribow answered on Jun 14, 2021

lying to the police is not a good thing.

you should discuss your plight with a criminal lawyer, at a consultation, asap.

many DV victims later say they lied, so the odds are that the police and DA will not believe you.

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