White Collar Crime Questions & Answers by State

White Collar Crime Questions & Answers

Q: I have been sentenced but now have new evidence in my case. I wish to file a motion for reconsideration.

1 Answer | Asked in Criminal Law, Banking, Broker Fraud and White Collar Crime for Maryland on
Answered on May 25, 2017

How long since sentencing? If within 10 days of your trial date you can ask for a new trial. If within 30 days of disposition you can appeal, if within 90 days you can ask for a modification of sentence. Depending on what court you are in, likely will need to file a coram nobis for a new trial opportunity if past the time limits mentioned.
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Q: Is a breach of fiduciary duty by a board director considered criminal?

1 Answer | Asked in White Collar Crime for New York on
Answered on May 20, 2017

It depends on the circumstances. It may certainly be grounds for removal of the director and a basis for a possible lawsuit. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...
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Q: My late mother paid a mortgage co for title insurance but they never done one, is that illegal?

1 Answer | Asked in Contracts, Real Estate Law, Insurance Bad Faith and White Collar Crime for Tennessee on
Answered on May 17, 2017

You have not provided all of the necessary data, but I can tell you this much. It appears that your uncle has a superior or first deed of trust on the property.. It may include fixtures also, and if the mobile home does not have wheels, it might be arguably affixed to the land and part of the security. Possibly your uncle's promissory note and deed of trust includes future advances and recovery for taxes, insurance, legal expenses, etc. All of this could add up to alot of debt which upon...
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Q: Can someone go to jail for using a stolen prescription pad?

2 Answers | Asked in White Collar Crime for New York on
Answered on Apr 28, 2017

Absolutely. It is a crime in every jurisdiction. It is another person's property, as well as may be viewed as an "attempt" to commit further fraud.
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Q: What are our options?

2 Answers | Asked in Criminal Law and White Collar Crime for Pennsylvania on
Answered on Apr 27, 2017

Its hardbto second guess another attorney, and here is why, they have discovery and we dont. They know more about the judge and officer than we do. And finally, they know more about your neice. This is why it twetwrs on the brink of an ethical breach to second guess an attorney.

What I can say is that if she isnt comfortable with her attorney she should change lawyers. She should know why he isnt filing suppression. Miranda is over used on TV, the reality is it is very limited in...
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Q: Under what circumstances do corporate accounting errors rise to the level of criminal activity?

1 Answer | Asked in White Collar Crime for Illinois on
Answered on Apr 7, 2017

Mistakes happen - it's the cover up that becomes the crime. Depending on the nature of the error, it's always better to correct immediately. If there is a reporting requirement (shareholders, SEC, etc.), then don't hesitate. There may ( or may not) be a civil/administrative fine later, but that is the cost of doing business. It would be advisable to work through an attorney for any self-reporting to ensure there are no miscommunications and that something civil doesn't become criminal....
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Q: Is it legal for a hardware store to provide client referrals to outside independent contractors and take % of profits?

1 Answer | Asked in Business Law, Elder Law and White Collar Crime for California on
Answered on Apr 5, 2017

Careful you're not violating contractor and disclosure laws. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This...
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Q: Can someone be criminally charged for knowingly writing bad checks to a business?

1 Answer | Asked in White Collar Crime for Illinois on
Answered on Apr 3, 2017

Most states have a "bogus check" or "hot check" charge - it's no different than a type of fraud. If you have any checks that bounce, it's better to be on the front end of it and pay it off immediately. The court costs, conviction and restitution is not worth "hanging paper."
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Q: Can victim's restitution touch your social security income and pension?

1 Answer | Asked in White Collar Crime for New York on
Answered on Apr 3, 2017

Yes it can. It will not take all of your Social Security, but they will take some. If it's a state order, then it may not.
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Q: What should you do if it seems like a medical office is overbilling an insurance company for routine services?

1 Answer | Asked in White Collar Crime for Illinois on
Answered on Apr 3, 2017

You should notify your insurance company of your concerns. You may want to contact the state medical board or insurance board, but I would start with your insurance carrier.
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Q: I have lost my job and can't afford my lawyer fees.. Will I be able to get representation.

1 Answer | Asked in White Collar Crime for Oklahoma on
Answered on Apr 3, 2017

If it is a federal case, you will likely qualify for a federal public defender/CJA attorney. If you are at the state level and you have bonded out of jail, there is a fair chance the court will not give you a public defender (or the Oklahoma Indigent Defense System attorneys
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Q: What's other remedy are available for a criminal defendants immediately after direct appeals, is there time limit

1 Answer | Asked in Criminal Law and White Collar Crime for Georgia on
Answered on Apr 1, 2017

If at the Court of Appeals, 10 days to file notice of seeking certiorari to the Georgia Supreme Court.

Possible other path to federal court, but too complicated and rare to discuss, and is limited to some special, federal issues.

As far as altering a sentence after remittitur to the trial court, good luck. Not been something I have ever had happen.

William C. Head

Atlanta, GA
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Q: If a corporation obtains my NDA in confidence..

1 Answer | Asked in Civil Litigation, Civil Rights, Intellectual Property and White Collar Crime for California on
Answered on Mar 27, 2017

You may have a case for breach of contract and possible IP infringement. Your facts are vague. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
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Q: I'm looking into starting an app for sports betting. What is the current legality and what are some loopholes?

1 Answer | Asked in Criminal Law, Federal Crimes, Gaming and White Collar Crime for New Mexico on
Answered on Mar 25, 2017

There is no short or quick answer on this one. There are a number of gambling laws out there with both the state and federal government. It would not be advisable to go forward until you sit down with an attorney who understands gaming and what the federal/state government would frown upon.
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Q: My mother was disabled with an disability, with over a hundred different kind of prescription medications.

1 Answer | Asked in Personal Injury, Civil Rights, Social Security and White Collar Crime for New York on
Answered on Mar 22, 2017

You may consider contacting a medical malpractice attorney. More details are necessary to provide a professional analysis of your issue. Re: ADA violations, see: https://ag.ny.gov/civil-rights/disability-rights

The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business...
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Q: What makes a corporate accounting error rise to the level of a criminal act?

1 Answer | Asked in White Collar Crime for California on
Answered on Mar 11, 2017

It depends on the type of error. Are you talking about tax fraud, embezzlement, or what? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
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Q: Where do I go and how do I file and what do I need for a Lis pendens

1 Answer | Asked in Real Estate Law, Identity Theft and White Collar Crime for California on
Answered on Mar 9, 2017

Your question is unclear. Are you wanting to record a Lis Pendens notice against real property in the County land records against someone else's property? Or are you wanting to know how to remove one that has been recorded against property you own?

If the former, you first would probably need to file a lawsuit involving the property before recording a Lis Pendens notice. And not every type of lawsuit may give rise to the right to file one. You need to consult an experienced real...
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Q: I found an article about fraud in New York. http://legalbeagle.com/6613777-statute-limitations-fraud-new-york.html

1 Answer | Asked in White Collar Crime for New York on
Answered on Mar 3, 2017

I see no reason to toll a statute of limitations based on the absence of the defendant from the state where the fraud was committed. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...
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Q: I'm dealing with corruption with a d.a. and judge refuse to file white collar crimes against a friend. What can I do?

2 Answers | Asked in Criminal Law and White Collar Crime for Texas on
Answered on Feb 23, 2017

The Texas Rangers investigate corruption by public officials. If you've run afoul of the Good 'Ol Boy Network you might just call to see if the Rangers are interested in the case.
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Q: Can you go to jail if you are accused of stealing trade secrets from a former employer?

1 Answer | Asked in White Collar Crime for California on
Answered on Feb 18, 2017

Often intellectual property violations are also considered crimes, including trade secret theft in CA under state and federal law. E.g., See: https://www.law.cornell.edu/uscode/text/18/1832

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA,...
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