If so, the Feds won't pick him and take him to federal court until that case is resolved .
When he goes to federal court he will be appointed counsel. There is a procedure in federal court called removal. He could decide if he wishes to waive an identity hearing and he wouldthen be scheduled to be taken to Florida
Timur Akpinar's answer If you’re asking as a general matter, wire fraud is a crime defined by federal law in 18 U.S.C. 1343, where the elements are that a defendant voluntarily and intentionally devised or participated in a scheme to defraud another out of money, and that she or he did so with the intent to defraud, and that it was reasonably foreseeable that interstate wire communications would be used, and that interstate wire communications were in fact used. If you’re asking because of a specific matter that...
T. J. Jesky's answer As long as you are the owner of the property, even if you don't live in property, it can be used as collateral. This is done frequently. However, if you don't own the property and you use it as collateral, this would be considered fraud.
T. J. Jesky's answer To best answer your question, I would need more information. For example, are you just transferring your corporate bank account to another bank. A corporation has its own unique EIN number with the IRS. This number identifies the corporation. Just because the corporation changes bank accounts, the EIN would remain the same. Now if you are transferring the corporate bank account to a different entity (or person) you would need a number of corporate formalities to be completed.
Terrence H Thorgaard's answer The company, whether it's a corporation or a LLC, needs to authorize certain people to sign checks. If it's a corporation, it would do it by a resolution of the board of directors. A copy of this authorization should be given to the bank.
Paul Looney's answer Go to the bank and complete a fraud affidavit. The bank should begin refunding stolen funds. Change your credit cards, bank cards, etc. The bank can handle that off the top. Consequences? There should be none after it is established the bank recognizes the fraud. Hope this has been helpful, and good luck.
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.
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.
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...
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.
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.
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.
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...
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.