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3 Answers | Asked in Business Law, Civil Litigation, White Collar Crime and Criminal Law for Michigan on
Q: Is it legal for a NFP CEO to transfer funds to their own for-profit without board approval in MI?

I am concerned about the legality of a transaction made by the CEO/President of a nonprofit organization in Michigan, who transferred $150,000 of the organization's funds to a for-profit company under their control. The purpose of the transfer is unknown, and there was no board approval for... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Apr 14, 2025

The transaction is questionable. We would need to review the company's articles and bylaws to identify the steps necessary to authorize such a payment, and we would need to review documentation of the payment to assess compliance with the articles and bylaws. Another issue is whether this is... View More

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Q: Deadline for pro se litigant to file motion to vacate judgment under CCP 663a(b).

I'm a pro se litigant involved in a civil case in California. Initially filed as a medical malpractice case, it turned out to be a fraud case. There's a record indicating scienter regarding a nonexistent terminal disease, which enabled hospice fraud. I am not the prevailing party and am... View More

Mario Tafur
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Mario Tafur
answered on Apr 10, 2025

Your reading of CCP Section 663a(b) is partially correct, but allow me to clarify the precise deadlines to ensure compliance. Under California law, a motion to vacate a judgment pursuant to CCP Section 663 must be preceded by a notice of intention to move to vacate, which must be filed within the... View More

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2 Answers | Asked in Criminal Law, Contracts and White Collar Crime for California on
Q: Am I liable for a fake check transaction sent to me unknowingly in California related to my cousin's business?

I received a payment of $3,000 from someone and forwarded it to my cousin for his business. Later, the sender informed me that they had deposited a fake $8,000 check and used those funds to pay me. Although I had no knowledge of the check, they accuse me of being responsible for the fake... View More

Mario Tafur
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Mario Tafur
answered on Apr 9, 2025

Dear Los Angeles Resident,

Based on the details you’ve shared, it appears unlikely that you would face criminal liability for the $3,000 payment you received and sent to your cousin. California Penal Code Section 476 and Section 475 establish that liability for forgery or handling forged...
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2 Answers | Asked in White Collar Crime, Civil Litigation, Employment Law and Criminal Law for Georgia on
Q: Can church report secretary for theft after repayment offer in Georgia?

I am part of a church where the secretary has been caught stealing over $15,000, according to the church ledger and bank statements. The theft has been ongoing for over 2 years. Although no formal agreement has been made, she has offered to repay part of the money, expecting that we would drop the... View More

Joshua Schiffer
Joshua Schiffer
answered on Apr 6, 2025

Whatever has happened just becomes part of the case the State will choose either to bring or not bring.

The Police will definitely take a report, and take that report seriously. These are VERY common issues at churches, schools, Greek life, scouts, etc.

The Police just arrest...
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Q: Unjust dismissal and alleged signature forgery by attorneys led to loss of home in CA.

I was unjustly dismissed after 18 years of employment and am permanently disabled due to a back injury. A group of lawyers allegedly falsified my signature to gain benefits for themselves. This fraud also involved real estate deception that left me homeless in San Luis Obispo, CA. I have... View More

Mario Tafur
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Mario Tafur
answered on Apr 8, 2025

Starting with the alleged forgery of your signature by attorneys, California Penal Code Section 470 defines forgery as a serious offense, encompassing situations where a signature is obtained through fraud or misrepresentation, as noted in People v. Martinez (161 Cal. App. 4th 754). Your evidence... View More

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2 Answers | Asked in Consumer Law, Identity Theft, White Collar Crime and Criminal Law for New Jersey on
Q: How can I proceed legally after questionable job offer with financial transactions and lost bank access?

I was offered a job with Graceland Logistics, Inc for online chat support and provided a contract, which I received through Tik Tok. They requested personal and financial information, including my bank account details. Recently, they asked me to carry out transactions involving Apple Cash, bank... View More

Leonard R. Boyer
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answered on Apr 1, 2025

You are being scammed! No legitimate company does things that way. They also wanted you to Commit fraud and/or money laundering for them. Your desperation for a job is clouding your judgment. You should report this to the FBI.

Do not do something like this again! Not trying to be harsh,...
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2 Answers | Asked in Business Law, Tax Law and White Collar Crime for California on
Q: Suspect financial fraud by accountant and ex-wife in California business taxes. Need next steps.

I've been using an accountant recommended by my ex-wife since 2014 to handle the taxes of my small business, a C Corp/Electrical Contractor. After recently filing an extension for 2023, she suddenly informed me she's too busy and I should find another accountant. I suspect financial... View More

Pavel Kolmogorov
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answered on Mar 22, 2025

First, I would suggest gathering all the documentation you have—tax returns, bank statements, invoices, payroll records, and anything else tied to your Corp’s finances since 2014. Make digital backups and store them somewhere safe.

Next, find a new independent accountant. A forensic...
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2 Answers | Asked in Criminal Law and White Collar Crime for New York on
Q: Legal options for grand larceny & coercion charges in NY?

I am looking for legal advice regarding a situation in New York where an elderly man gave a young lady money regularly to prevent her from informing his wife and the police about an inappropriate incident. The young lady is now facing charges of grand larceny and coercion and awaiting indictment.... View More

Stephen Bilkis
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answered on Mar 20, 2025

This is a serious legal matter, as grand larceny and coercion are both significant criminal charges in New York. Since the young woman already has legal representation, her attorney will be the best person to assess her case based on the specific evidence, witness statements, and any mitigating... View More

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4 Answers | Asked in Criminal Law and White Collar Crime for Florida on
Q: Facing 141 felony counts for theft; is jail time likely?

My friend is facing 141 felony counts of scheme to defraud for stealing around $28,000 from work, grand theft, and use of a 2-way communication device in Florida. He has no prior record but was charged with possession of cannabis and attempted escape afterward. He is represented by a public... View More

Leonard Louis Cagan
Leonard Louis Cagan
answered on Mar 19, 2025

The basic answer is Yes. The more precise answer would be dependent on the scoresheet as calculated by the State Attorney's office. Different Judges and Jurisdictions may differ some, but I find it difficult to believe that such a high number of charges would not result in some jail/prison... View More

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4 Answers | Asked in Criminal Law and White Collar Crime for Florida on
Q: Facing 141 felony counts for theft; is jail time likely?

My friend is facing 141 felony counts of scheme to defraud for stealing around $28,000 from work, grand theft, and use of a 2-way communication device in Florida. He has no prior record but was charged with possession of cannabis and attempted escape afterward. He is represented by a public... View More

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Mar 19, 2025

Yes, he’s looking at jail or prison time. Actually, his maximum exposure exceeds 500 years. If he’s innocent, he could go to trial for the theft charges. But the escape and marijuana charges are likely not directly related to the thefts. Hence, he could get off the theft charges and still have... View More

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1 Answer | Asked in Criminal Law and White Collar Crime for Wyoming on
Q: Facing forgery charges for cashing a check with friend's ID in WY, what are my legal consequences?

I was paid with a check for a job, but I had no ID, so the "pay to the order of" line was left blank. I cashed it using my friend's name and her ID, with her consent. The person who wrote the check is on my side and informed the police he gave it to me. I wore a wig to look like my... View More

Christopher Grant Humphrey
Christopher Grant Humphrey
answered on Mar 17, 2025

You are potentially facing the charge of forgery in violation of Wyoming Statute section 6-3-602. You are facing a possible penalty of anywhere from probation and up to 9-10 years of incarceration and/or a $0-$10,000.00 fine or both. Cashing a check using the friend's name and wearing a wig to... View More

3 Answers | Asked in Appeals / Appellate Law, White Collar Crime and Contracts for Florida on
Q: Can forgery lead to case dismissal or affect a retrial in Florida?

I was involved in a legal case in Florida concerning a forged endorsement by an unauthorized employee on a promissory note. Despite the forgery, the court's decision was against us. I have new evidence and am looking to request a retrial. Could the presence of a forgery be grounds to dismiss... View More

Erik A. Perez
Erik A. Perez
answered on Mar 10, 2025

It may, Florida Rule of Civil Procedure 1.530 allows for a new trial based on newly discovered evidence if it was discovered after the trial and could not have been discovered before the trial by the exercise of due diligence. However, you need to move quickly. The time limit for filing a motion... View More

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3 Answers | Asked in Appeals / Appellate Law, White Collar Crime and Contracts for Florida on
Q: Can forgery lead to case dismissal or affect a retrial in Florida?

I was involved in a legal case in Florida concerning a forged endorsement by an unauthorized employee on a promissory note. Despite the forgery, the court's decision was against us. I have new evidence and am looking to request a retrial. Could the presence of a forgery be grounds to dismiss... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 10, 2025

Your inquiry is a bit vague because you say that DESPITE the forgery, the court decision was against you, then say you have new evidence, not indicating whether that evidence is connected to proving the forgery, beyond the proof of the forgery you already presented. In any event, your first issue... View More

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3 Answers | Asked in Appeals / Appellate Law, White Collar Crime and Contracts for Florida on
Q: Can forgery lead to case dismissal or affect a retrial in Florida?

I was involved in a legal case in Florida concerning a forged endorsement by an unauthorized employee on a promissory note. Despite the forgery, the court's decision was against us. I have new evidence and am looking to request a retrial. Could the presence of a forgery be grounds to dismiss... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 10, 2025

To add to my prior answer to this inquiry, I just noticed that you put "white collar crime" as one of your inquiry categories, but I had assumed you were talking about a civil case, not criminal - and I see that another lawyer assumed that as well. Everything I stated in my prior answer... View More

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1 Answer | Asked in Consumer Law and White Collar Crime for Ohio on
Q: Crypto scam: borrowed funds, account frozen, repayment issue.

I met someone online who guided me to invest in cryptocurrency through a trading app. Initially, I invested $1,300, then the person lent me $10,000 and later another $151,000 through the app to increase my trading amount. In December, the platform froze my account and demanded various fees to... View More

Stanislav Kshevitskii
Stanislav Kshevitskii
answered on Mar 7, 2025

This is a very common fraud scheme. People all over the world, including Russia, suffer from it. If the scammers act quickly and professionally, hide their IP addresses and use other security measures, it is unlikely to find them. Moreover, you have no idea what country they are actually in. Some... View More

1 Answer | Asked in Real Estate Law, White Collar Crime and Consumer Law for Alabama on
Q: Should I refuse to sign due to undisclosed fee requests in Alabama?

I am in the process of purchasing a property and was instructed by my realtor, the seller, and the closing attorney to provide additional money obtained from a title loan company as an unexplained fee, which was not part of the original agreement. They advised me to wire all my funds without... View More

James Blount Griffin
James Blount Griffin
answered on Mar 7, 2025

No one who wants you to sign these docs appears to be loyal to you and you alone. A few questions:

Are you buying a home or an investment property?

Is the seller very eager to get rid of it?

Is there a lender?

Is the closing attorney working for you, the lender,...
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1 Answer | Asked in Criminal Law and White Collar Crime for Mississippi on
Q: Mississippi charges for possession of counterfeit money from the internet

In Mississippi, what charges could someone face if they knowingly possess and purchase counterfeit money from the internet, attempt to cash a check at a bank, and show the counterfeit money? Legal actions have been initiated, and the individual has a criminal record, but no similar offenses.

Sean  Buckley
Sean Buckley
answered on Mar 7, 2025

In Mississippi, the individual could face multiple charges related to counterfeit currency and fraud, including:

1. Possession of Counterfeit Currency – Under Miss. Code Ann. § 97-21-33, knowingly possessing counterfeit money with the intent to use or distribute it is a felony....
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2 Answers | Asked in Criminal Law, Identity Theft and White Collar Crime for Maryland on
Q: Arrest for fraud without prior knowledge; not read rights.

I was arrested by Baltimore County police due to a warrant from Anne Arundel County on November 16, 2024. I was unaware of the warrant until I was stopped by the police while driving for Uber. Apparently, a ride I completed, which involved picking up and dropping off an envelope, was related to... View More

Mark Oakley
Mark Oakley
answered on Feb 24, 2025

The only penalty for not being read your Miranda rights is the suppression of any admissions you made during your custody so they would be disallowed as evidence against you at trial. Since you were not questioned, the failure to advise you of your right to remain silent and right to have counsel... View More

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1 Answer | Asked in White Collar Crime and Civil Litigation for Michigan on
Q: Can I address an unresolved court order preventing my record from being sealed in Michigan?

I am from Michigan and had an embezzlement charge in 2019. I was under 25, so I was granted HYTA, pled not guilty, and was sentenced to one year of probation and restitution fees. I completed my probation and paid all fees, yet my record isn't sealed. The court says I failed to complete a... View More

Brent T. Geers
Brent T. Geers
answered on Feb 17, 2025

You perhaps have a misunderstanding of what happened. First, you state you pled not guilty; you would not be on probation with HYTA unless you pled guilty - it's right there in the statute as a requirement.

What does your order discharging you from probation state? The court is right...
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1 Answer | Asked in Criminal Law, Real Estate Law, Civil Litigation and White Collar Crime for Washington on
Q: If a HOA president is spending the HOA's money with no permission and using it for personal expenses, is it illegal?

I have already had an attorney confirm for me that the state laws and the HOA's declaration both require them to get the permission and approval of the board members before they can ever spend any HOA money. They also have to provide information like the reciepts and copies of checks but they... View More

Merry A Kogut
Merry A Kogut
answered on Feb 9, 2025

Thank you for your question and really shocking set of facts. You have described the essence of embezzlement - the theft of money from an employer or business (or non-profit).

I suggest you put together an organized time line of what you know, with any financial records you can include,...
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