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White Collar Crime Questions & Answers
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.
Q: Key duplication fraudulent
1 Answer
| Asked
in
Criminal Law and White Collar Crime
for
Pennsylvania
on
Answered on Apr 26, 2018
Answered on Apr 26, 2018
Cary B. Hall's answer
I suggest you contact your local police department. Let them handle it, and they'll also make a report of your concerns. While you're doing that, change your locks again for your own peace of mind.
Best of luck!
I suggest you contact your local police department. Let them handle it, and they'll also make a report of your concerns. While you're doing that, change your locks again for your own peace of mind.
Best of luck!
Q: If I plead guilty to a white collar criminal offense, will I have to disclose that information to future employers?
David Haas' answer
It depends on the question asked by potential employers about whether you have been convicted of a crime and/or whether you have restrictions placed on you as part of your sentence.
It depends on the question asked by potential employers about whether you have been convicted of a crime and/or whether you have restrictions placed on you as part of your sentence.
Q: finding discoveries of fraud eight to ten years after commission by concealment, undeniable proof, have we got a Case?
1 Answer
| Asked
in
Consumer Law, Contracts, Criminal Law and White Collar Crime
for
Florida
on
Answered on Apr 20, 2018
Answered on Apr 20, 2018
Andy Wayne Williamson's answer
What you describe is too complicated to evaluate via this free legal question and answer site. You truly need to consult with a civil litigation attorney in your area to get a full and complete evaluation.
What you describe is too complicated to evaluate via this free legal question and answer site. You truly need to consult with a civil litigation attorney in your area to get a full and complete evaluation.
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.
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