White Collar Crime Questions & Answers by State
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White Collar Crime Questions & Answers
Q: Can I be prosecuted if I suspected embezzlement at the place
Terrence H Thorgaard's answer
No, you can't be prosecuted unless you committed, aided, or abetted the crime. Suspicion by itself is not one of those.
No, you can't be prosecuted unless you committed, aided, or abetted the crime. Suspicion by itself is not one of those.
Q: How can I determine if a presentment was made to the grand jury and if the result was a "No Bill" in a criminal case?
Grant St Julian III's answer
You may contact the DA's office in the county where the event occurred.
You may contact the DA's office in the county where the event occurred.
Q: Can a person be charged with forgery of a financial credit card if they never used it
1 Answer
| Asked
in
Criminal Law, Identity Theft and White Collar Crime
for
Georgia
on
Answered on Aug 7, 2018
Answered on Aug 7, 2018
David Edward Boyle's answer
Possession of a forged card is a crime if there was intent to defraud someone. The use of the card is an additional crime of financial transaction card fraud, also a felony.
Possession of a forged card is a crime if there was intent to defraud someone. The use of the card is an additional crime of financial transaction card fraud, also a felony.
Q: Do people convicted of white collar crimes (in NY) go to jail?
Michael Charles Cimasi's answer
It wholly depends on the facts and circumstances surrounding the alleged crime, the harm to any victims, the ability to make restitution, and the defendants criminal history (if any). But, in short, yes. Defendants can and are routinely sentenced to jail on white collar matters. Get a lawyer sooner than later.
It wholly depends on the facts and circumstances surrounding the alleged crime, the harm to any victims, the ability to make restitution, and the defendants criminal history (if any). But, in short, yes. Defendants can and are routinely sentenced to jail on white collar matters. Get a lawyer sooner than later.
Q: Someone stole my personal property worth atleaar $3000 actually more and tried to get police involved no help
1 Answer
| Asked
in
Criminal Law, Civil Litigation, Small Claims and White Collar Crime
for
Georgia
on
Answered on Aug 1, 2018
Answered on Aug 1, 2018
David Edward Boyle's answer
If somebody stole from you file a police report and/or file a civil lawsuit against the person.
If somebody stole from you file a police report and/or file a civil lawsuit against the person.
Q: Should I obtain a lawyer in Ca. or Idaho ?
1 Answer
| Asked
in
Family Law, Civil Litigation, Elder Law and White Collar Crime
for
Idaho
on
Answered on Jul 30, 2018
Answered on Jul 30, 2018
Mark R Petersen's answer
If the Trust's location is Idaho and the funds were embezzled in Idaho, then it is likely you can pursue the case in Idaho. Idaho's "long arm statute" (the law that allows you to serve a non-resident) would determine if he can be served in California.
Determination of jurisdiction and the ability to serve an out of state resident with a Summons can be tricky. As a result, I would highly suggest you meet with an attorney and review the facts to make a final determination if jurisdiction...
If the Trust's location is Idaho and the funds were embezzled in Idaho, then it is likely you can pursue the case in Idaho. Idaho's "long arm statute" (the law that allows you to serve a non-resident) would determine if he can be served in California.
Determination of jurisdiction and the ability to serve an out of state resident with a Summons can be tricky. As a result, I would highly suggest you meet with an attorney and review the facts to make a final determination if jurisdiction...
Q: Help! Grandma's probate case FRAUDULENT. She didn't legally own real estate. Her son is "next of kin" and takin my home!
1 Answer
| Asked
in
Criminal Law, Real Estate Law, Probate and White Collar Crime
for
California
on
Answered on Jul 26, 2018
Answered on Jul 26, 2018
Richard Samuel Price's answer
You should ask your attorney about an 850 petition to determine what assets are, or are not, in your grandma's estate. This is a lawsuit to determine whether the house is yours or your grandmas.
You should ask your attorney about an 850 petition to determine what assets are, or are not, in your grandma's estate. This is a lawsuit to determine whether the house is yours or your grandmas.
Q: Required Minimum Distribution (RMD) of IRA?
1 Answer
| Asked
in
Tax Law, Public Benefits, Social Security and White Collar Crime
for
Missouri
on
Answered on Jul 8, 2018
Answered on Jul 8, 2018
Eric Steven Day's answer
Your required minimum distributions are determined on an annual basis. Therefore, if you took the distribution last year and are trying to include that distribution as part of your required minimum distribution for the following year, it won’t work. There is a different equation that is used when determining the RMD every year. That being said, you can withdraw the amount anytime throughout the year as long as it is the required amount.
Your required minimum distributions are determined on an annual basis. Therefore, if you took the distribution last year and are trying to include that distribution as part of your required minimum distribution for the following year, it won’t work. There is a different equation that is used when determining the RMD every year. That being said, you can withdraw the amount anytime throughout the year as long as it is the required amount.
Q: If a person is in the 2nd to last or last stages of Parkinson's or Alzheimer's would he be legally able to sign mortgage
1 Answer
| Asked
in
Consumer Law, Elder Law, Probate and White Collar Crime
for
Texas
on
Answered on Jul 7, 2018
Answered on Jul 7, 2018
Terry Lynn Garrett's answer
A person suffering from dementia usually has a doctor's diagnosis. When dementia is first diagnosed, the person likely still has legal capacity to sign a Will, a Medical Power of Attorney and similar documents. Whether the person still has legal capacity to sign a Durable Power of Attorney varies.
Whether your father had legal capacity to sign the documents at the time he signed them cannot be assessed without reference to his medical records.
How do you know that the...
A person suffering from dementia usually has a doctor's diagnosis. When dementia is first diagnosed, the person likely still has legal capacity to sign a Will, a Medical Power of Attorney and similar documents. Whether the person still has legal capacity to sign a Durable Power of Attorney varies.
Whether your father had legal capacity to sign the documents at the time he signed them cannot be assessed without reference to his medical records.
How do you know that the...
Q: Uncle started a probate case for my grandmother. She did not own real estate, so I thought. How can I undo/stop probate?
2 Answers
| Asked
in
Criminal Law, Real Estate Law, Probate and White Collar Crime
for
California
on
Answered on Jul 3, 2018
Answered on Jul 3, 2018
Bruce Adrian Last's answer
Dear Los Angeles:
That's a lot of questions. Off the bat, I recommend that you speak with a lawyer right away about how to defend your self. But here is some basic information to help you make that consultation more efficient. I'll also provide some information about how to find a lawyer below.
If the intervening parent between you and your grandmother is deceased, then you would be an intestate heir to your grandmother. Unless the relationship is broken by a a step-child/step...
Dear Los Angeles:
That's a lot of questions. Off the bat, I recommend that you speak with a lawyer right away about how to defend your self. But here is some basic information to help you make that consultation more efficient. I'll also provide some information about how to find a lawyer below.
If the intervening parent between you and your grandmother is deceased, then you would be an intestate heir to your grandmother. Unless the relationship is broken by a a step-child/step...
Q: Can an heir file suit for tortious interference for stepmom hiding late Dad's will in safe deposit box?
1 Answer
| Asked
in
Civil Litigation, Elder Law, Probate and White Collar Crime
for
Texas
on
Answered on Jun 19, 2018
Answered on Jun 19, 2018
Richard Winblad's answer
I don't practice in Texas but I found this site informative:
http://www.texasinheritance.com/probate/how-to-probate-a-case/298-learn-how-to-obtain-a-copy-of-a-will
Like many states it appears that it is crime in Texas to conceal or destroy a Will.
I don't practice in Texas but I found this site informative:
http://www.texasinheritance.com/probate/how-to-probate-a-case/298-learn-how-to-obtain-a-copy-of-a-will
Like many states it appears that it is crime in Texas to conceal or destroy a Will.
Q: Is civil restitution between two parties (in lieu of criminal prosecution) blackmail, extortion or bribery?
Kiele Linroth Pace's answer
This is a situation in which the contractor has potential civil liability to you and criminal liability to the state.
In criminal cases, the alleged victim can't really "drop the charges" and make the case magically disappear like on TV. You can tell the police and/or prosecution that you hope they dismiss the case, that you don't want to cooperate, and that you will not VOLUNTARILY testify in court... so you could agree to do those things but YOU could be committing a crime yourself...
This is a situation in which the contractor has potential civil liability to you and criminal liability to the state.
In criminal cases, the alleged victim can't really "drop the charges" and make the case magically disappear like on TV. You can tell the police and/or prosecution that you hope they dismiss the case, that you don't want to cooperate, and that you will not VOLUNTARILY testify in court... so you could agree to do those things but YOU could be committing a crime yourself...
Q: I was convicted of a larceny charge two decades ago. Is it possible to expunge my record now?
Michael Arbeit's answer
There is no expungement in NY, but there is now sealing for different convictions if you meet certain criteria. The new law is under CPL 160.59. I would suggest consulting with an experienced criminal defense attorney about your matter.
There is no expungement in NY, but there is now sealing for different convictions if you meet certain criteria. The new law is under CPL 160.59. I would suggest consulting with an experienced criminal defense attorney about your matter.
Q: If i decide to bail somebody out of jail, what am i required to have besides money?
Terrence H Thorgaard's answer
Do I correctly assume that you do know the person who used your last name? It's hard to guess what sort of ID that the bondsman required; probably not a good idea to ask unless you want your bond to be cancelled.
Do I correctly assume that you do know the person who used your last name? It's hard to guess what sort of ID that the bondsman required; probably not a good idea to ask unless you want your bond to be cancelled.
Q: I was charged with forgery in 2001. I used someone's credit card in PA spent 500.00 returned all merchandise. First offe
1 Answer
| Asked
in
Criminal Law, Federal Crimes and White Collar Crime
for
Pennsylvania
on
Answered on Jun 3, 2018
Answered on Jun 3, 2018
Cary B. Hall's answer
Here's the forgery statute in full:
"§ 4101 Forgery
(a) Offense defined.--A person is guilty of forgery if, with intent to defraud or injure anyone, or with knowledge that he is facilitating a fraud or injury to be perpetrated by anyone, the actor:
(1) alters any writing of another without his authority;
(2) makes, completes, executes, authenticates, issues or transfers any writing so that it purports to be the act of another who did not authorize that act,...
Here's the forgery statute in full:
"§ 4101 Forgery
(a) Offense defined.--A person is guilty of forgery if, with intent to defraud or injure anyone, or with knowledge that he is facilitating a fraud or injury to be perpetrated by anyone, the actor:
(1) alters any writing of another without his authority;
(2) makes, completes, executes, authenticates, issues or transfers any writing so that it purports to be the act of another who did not authorize that act,...
Q: A coworker logged into my work computer and stole data from me. How do I report them for that sort of theft?
Terrence H Thorgaard's answer
Was the data work-related, or was it you personal information? If it's personal, does your employer allow such data to be stored on work computers? And finally, is the data commercially valuable, or simply something you consider private and perhaps embarrassing?
If it's company-owned data with a value to another company, you should probably report the theft to your employer. If not, you might do well to do nothing, other than to take steps to ensure that the data is more secure and,...
Was the data work-related, or was it you personal information? If it's personal, does your employer allow such data to be stored on work computers? And finally, is the data commercially valuable, or simply something you consider private and perhaps embarrassing?
If it's company-owned data with a value to another company, you should probably report the theft to your employer. If not, you might do well to do nothing, other than to take steps to ensure that the data is more secure and,...
Q: In Louisiana how far back can your criminal history be used against you?
Ellen Cronin Badeaux's answer
Yes if they were not so old. So you are off the hook because they are over 10 years old.
Yes if they were not so old. So you are off the hook because they are over 10 years old.
Q: If I've been accused of fraud, will "turning myself in" lessen my punishment or should I keep my mouth shut?
Michael Charles Cimasi's answer
You should speak to an attorney before taking any actions. There are many factors that go into any legal positioning, particularly if the result could be a felony.
You should speak to an attorney before taking any actions. There are many factors that go into any legal positioning, particularly if the result could be a felony.
Q: Do you have to be made aware of a search warrant? Are you privy to the inventory (or copy of it) found in the search?
2 Answers
| Asked
in
Criminal Law, Civil Rights, Municipal Law and White Collar Crime
for
Pennsylvania
on
Answered on May 22, 2018
Answered on May 22, 2018
Cary B. Hall's answer
If you are charged with a crime and there is a search warrant involved, you will get a copy of it -- as well as the inventory list of items seized -- from the District Attorney's Office when they forward their "discovery" to you. That happens at the Court of Common Pleas level, and you're not entitled to it until your case reaches that point. You have no right to know about the search warrant before it's executed -- frankly, that would obliterate the whole point of a search warrant, since...
If you are charged with a crime and there is a search warrant involved, you will get a copy of it -- as well as the inventory list of items seized -- from the District Attorney's Office when they forward their "discovery" to you. That happens at the Court of Common Pleas level, and you're not entitled to it until your case reaches that point. You have no right to know about the search warrant before it's executed -- frankly, that would obliterate the whole point of a search warrant, since...
Q: What type of attorney do I need to defend me after using check stubs generated on line to purchase a vehicle?
Dmitry Gorin's answer
You need to privately consult with a criminal defense lawyer in your area to review the details and options. Use Justia or Google to search for local law firms and make a few calls. Good luck.
You need to privately consult with a criminal defense lawyer in your area to review the details and options. Use Justia or Google to search for local law firms and make a few calls. Good luck.
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