White Collar Crime Questions & Answers by State
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White Collar Crime Questions & Answers
Q: In ky, what is the statute of limitations on filing a misdemeanor warrant for theft by deception including cold checks?
1 Answer
| Asked
in
Criminal Law, Collections and White Collar Crime
for
Kentucky
on
Answered on Apr 17, 2018
Answered on Apr 17, 2018
Q: Where do I find a federal case from 2001 ?
Timothy Denison's answer
PACER.Gov will allow you to look up the case online and get copies of you go to the website and establish an account.
PACER.Gov will allow you to look up the case online and get copies of you go to the website and establish an account.
Q: Can a judge in Arkansas reside over 2 cases. One is a criminal and the other is a dhs case.
1 Answer
| Asked
in
Criminal Law, Federal Crimes and White Collar Crime
for
Arkansas
on
Answered on Apr 16, 2018
Answered on Apr 16, 2018
Stewart Whaley's answer
Yes. Generally, a judge can preside over two cases, where one is criminal and the other DHS.
Some excerpts from a 2015 Arkansas Court of Appeals opinion, regarding a judge residing over a criminal and dependency-neglect case involving the same adult and child, show that the bar for challenging this is high:
A judge has a duty to hear a case unless there is a valid reason to disqualify. Perroni v. State, 358 Ark. 17, 186 S.W.3d 206 (2004). Moreover, a judge is presumed to be...
Yes. Generally, a judge can preside over two cases, where one is criminal and the other DHS.
Some excerpts from a 2015 Arkansas Court of Appeals opinion, regarding a judge residing over a criminal and dependency-neglect case involving the same adult and child, show that the bar for challenging this is high:
A judge has a duty to hear a case unless there is a valid reason to disqualify. Perroni v. State, 358 Ark. 17, 186 S.W.3d 206 (2004). Moreover, a judge is presumed to be...
Q: Can a 17 year old with no prior criminal background be sent to prison?
1 Answer
| Asked
in
Criminal Law, Federal Crimes, White Collar Crime and Juvenile Law
for
Arkansas
on
Answered on Apr 14, 2018
Answered on Apr 14, 2018
Stewart Whaley's answer
Yes, depending on the crime. Juveniles can no longer be sentenced to life without parole in Arkansas. They can still be sent to prison. Having no criminal background helps when negotiating a plea without prison time, if you go to trial and during sentencing, if convicted
Yes, depending on the crime. Juveniles can no longer be sentenced to life without parole in Arkansas. They can still be sent to prison. Having no criminal background helps when negotiating a plea without prison time, if you go to trial and during sentencing, if convicted
Q: Is prostitues related to white collar crime ? Is it yes then how ?
Robert Donald Gifford II's answer
If there are charges for "wire fraud," "bank fraud," false statements to investigators, etc. Those are generally "white collar" type of charges that could be involved with human trafficking types of charges.
If there are charges for "wire fraud," "bank fraud," false statements to investigators, etc. Those are generally "white collar" type of charges that could be involved with human trafficking types of charges.
Q: Is it possible for a defendant to face charges in both federal and state court?
Robert Donald Gifford II's answer
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.
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.
Q: Can someone go to jail for making false statements during a federal investigation?
Robert Donald Gifford II's answer
It is possible. 18 USC 1001 makes it a federal felony to make a false material statement to federal law enforcement during a federal investigation. Key things are that the statement was "material," and that the investigation is federal.
It is possible. 18 USC 1001 makes it a federal felony to make a false material statement to federal law enforcement during a federal investigation. Key things are that the statement was "material," and that the investigation is federal.
Q: How to get my case in a different Federal Jurisdiction?
1 Answer
| Asked
in
Criminal Law, Federal Crimes, White Collar Crime and Identity Theft
for
California
on
Answered on Apr 13, 2018
Answered on Apr 13, 2018
Dale S. Gribow's answer
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 should be addressed to the lawyer you retain.
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 should be addressed to the lawyer you retain.
Q: Chinese company wants me, U.S. citizen, to collect money from U.S. companies and then wire it to their U.S. businesses.
Jingzhan Wang's answer
what's the company's business? why they need to have the money back to China befor re-investing into US
what's the company's business? why they need to have the money back to China befor re-investing into US
Q: can My gf take my son to California without my permission because I have a criminal warrant in another state
1 Answer
| Asked
in
White Collar Crime, Family Law and Child Custody
for
Arizona
on
Answered on Apr 2, 2018
Answered on Apr 2, 2018
Peter H. Westby's answer
Your girlfriend is wrong. She is not a parent and does not have the rights of a parent unless you have delegated them to her using a child care power of attorney. You and the child's mother are the decision makers concerning your child.
Your girlfriend is wrong. She is not a parent and does not have the rights of a parent unless you have delegated them to her using a child care power of attorney. You and the child's mother are the decision makers concerning your child.
Q: What should I do if I am contacted by a law enforcement official investigating a white collar crime?
Terrence H Thorgaard's answer
If you are under investigation for such crime, or for any crime for that matter, you should refuse to answer any questions until you have consulted with an attorney.
If you are under investigation for such crime, or for any crime for that matter, you should refuse to answer any questions until you have consulted with an attorney.
Q: Can I rectify an unintentional fraudulent mistake on past tax returns?
1 Answer
| Asked
in
Tax Law, Business Law and White Collar Crime
for
Maryland
on
Answered on Feb 28, 2018
Answered on Feb 28, 2018
Mark Oakley's answer
Criminal or civil fraud requires knowledge of the fraud and intentional conduct to perpetrate the fraud, so honest mistake is a complete defense. Stop worrying. Hire a CPA to review your past returns and file any corrected or amended returns for the affected years, as necessary. Any penalties or late fees can be paid or negotiated through your CPA. If you overpaid taxes or mistakenly paid taxes to the wrong taxing authority, you can request a refund, but you may be limited to the past three...
Criminal or civil fraud requires knowledge of the fraud and intentional conduct to perpetrate the fraud, so honest mistake is a complete defense. Stop worrying. Hire a CPA to review your past returns and file any corrected or amended returns for the affected years, as necessary. Any penalties or late fees can be paid or negotiated through your CPA. If you overpaid taxes or mistakenly paid taxes to the wrong taxing authority, you can request a refund, but you may be limited to the past three...
Q: Do Arkansas run they time concurrent with texas
Grant St Julian III's answer
It is up to the Court in Arkansas to grant time served in a Texas jail for a Texas sentence concurrently with a sentence imposed in Arkansas. Contact an attorney in Arkansas about your specific situation.
It is up to the Court in Arkansas to grant time served in a Texas jail for a Texas sentence concurrently with a sentence imposed in Arkansas. Contact an attorney in Arkansas about your specific situation.
Q: Does felony child neglect conviction fall under the oklahoma statute requiring minimum of at least 85% served?
1 Answer
| Asked
in
Criminal Law, Juvenile Law and White Collar Crime
for
Oklahoma
on
Answered on Feb 1, 2018
Answered on Feb 1, 2018
Q: Quit job 10/17 my manager got arrested for embezzlement, I've been asked a few questions early on, will I be indicted?
Frank A. Urbanic's answer
Nobody on here is a soothsayer, so we're unable to predict the future. Many more details are needed. Schedule a visit with an attorney so he or she can go over this situation with you in depth.
Nobody on here is a soothsayer, so we're unable to predict the future. Many more details are needed. Schedule a visit with an attorney so he or she can go over this situation with you in depth.
Q: my friend is a cashier at abig box store, she processed a return transaction w/outa customer how much trouble is she
1 Answer
| Asked
in
Criminal Law, Employment Law and White Collar Crime
for
California
on
Answered on Jan 13, 2018
Answered on Jan 13, 2018
Dale S. Gribow's answer
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 events it shows premeditation/intent and planning to commit the crime.
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 events it shows premeditation/intent and planning to commit the crime.
Q: I am looking for an atty, 1) admitted to federal court, to file a suit against a forensic accountant, I have the proof
1 Answer
| Asked
in
White Collar Crime, Estate Planning, Securities Law and Broker Fraud
for
Alabama
on
Answered on Jan 13, 2018
Answered on Jan 13, 2018
Samuel G McKerall's answer
I'm sure you can find an attorney who will consider taking your case, if you look hard enough and if your case has merit. An attorney can sue the accounting firm, the trustee and the trust attorney. He or she cannot file criminal charges, or even threaten to file criminal charges, and cannot sue the E&O carrier. If a person or company with E&O insurance is sued, they contact their E&O carrier, who may or may not step in and defend.
WARNING: I am not your lawyer and providing you...
I'm sure you can find an attorney who will consider taking your case, if you look hard enough and if your case has merit. An attorney can sue the accounting firm, the trustee and the trust attorney. He or she cannot file criminal charges, or even threaten to file criminal charges, and cannot sue the E&O carrier. If a person or company with E&O insurance is sued, they contact their E&O carrier, who may or may not step in and defend.
WARNING: I am not your lawyer and providing you...
Q: Is an ip adress alone enough to get a search warrant And can a magistrate in Caroline county sign a search warrant 4 V.B
Mr. Beau Correll's answer
There is a difference between what is legally sufficient for a search warrant and what gets issued. This may rest upon whether the IP address is static or dynamic in nature. You should consult with an experienced attorney in this matter.
There is a difference between what is legally sufficient for a search warrant and what gets issued. This may rest upon whether the IP address is static or dynamic in nature. You should consult with an experienced attorney in this matter.
Q: I had Finance the car through Santander Consumer USA on 8/28/15 but they reported it for8/16/15 is that legal
1 Answer
| Asked
in
Consumer Law, Contracts, Antitrust and White Collar Crime
for
California
on
Answered on Jan 3, 2018
Answered on Jan 3, 2018
Q: My hiring manager forged my application and background check after I submitted it. They signed my signature.
1 Answer
| Asked
in
Employment Law, Federal Crimes, Identity Theft and White Collar Crime
for
Indiana
on
Answered on Dec 8, 2017
Answered on Dec 8, 2017
Salim U. Shaikh's answer
If you have original version of your details available or saved somewhere and can substantiate her forgery or alteration of details then you have a winning case.
If you have original version of your details available or saved somewhere and can substantiate her forgery or alteration of details then you have a winning case.
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