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White Collar Crime Questions & Answers
1 Answer | Asked in Criminal Law, Federal Crimes, Identity Theft and White Collar Crime for Hawaii on
Q: I was questioned by detectives in custody checked didn't want to discuss the case I wanted lawyer, was that a statement?

2 times in one day in custody detectives came and first one I told I never got my miranda rights read to me. she pulled out a paper with 3 check boxes 1. want to discuss the case I (*checked NO). 2 I don't remember but checked no. 3 was I want a lawyer(*checked YES) then initial she told me... View More

Mark Simonds
Mark Simonds
answered on Nov 28, 2023

What you did was assert your rights under the United States Constitution and the Hawaii State Constitution. Assertion of your rights does not constitute a statement, and, in a trial, that assertion cannot be used against you as evidence of guilt.

Typically, if you are advised of your...
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1 Answer | Asked in Personal Injury, Civil Rights, Constitutional Law and White Collar Crime for North Carolina on
Q: I'm a Black man with a cop and his civilian accomplice keeping me under an ongoing warrantless surveillance since 2016.

The cop & his civilian accomplice are paid in cash by a non-profit group representing my ex-wife. The accomplice hasn't reported an income since 2017 and is not gainfully employed. This leaves him free to follow me wherever I go, to commandeer my phone and communications, and conduct a... View More

James L. Arrasmith
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answered on Nov 10, 2023

In your situation, it's crucial to document any incidents of harassment or illegal activity meticulously. Keep a detailed log of dates, times, locations, and descriptions of these incidents. Gathering evidence like photos, videos, or witness statements can also be beneficial. Since local law... View More

2 Answers | Asked in Consumer Law, Collections and White Collar Crime for California on
Q: A lawyer for a debt collector put a full social security # on the writ of execution EJ-150. It's a violation of Ca code

A lawyer for a debt collector put a full social security # on the writ of execution EJ-150 in section 1. for a levy. It was not opposed and that's what was to be entered in the civil case files at the sheriff's website in the Challenges tab, but that staff entered the full name and... View More

James L. Arrasmith
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answered on Nov 8, 2023

If a lawyer has included a full social security number on a writ of execution, this could be a violation of California Rules of Court, rule 1.201(a), which requires redaction of personal identifiers before filing documents with the court. You may consider filing a motion to sanction the attorney... View More

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1 Answer | Asked in White Collar Crime for California on
Q: Hi, my name is Spencer. And I have some neighbors who are less than. Let's say upfront the hacker next door,

The fugitives on the corner and the people directly across the street who might have a 10 year. Stay away order in my favor. They have made the numerous calls In lying about elder abuse. At least that's what I was Given. This was all done by my nephew. Who was the executor of the trust and... View More

James L. Arrasmith
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answered on Nov 6, 2023

If you're dealing with harassment or false allegations from neighbors, such as claims of elder abuse that you state are unfounded, it may be advisable to gather any evidence that supports your position and potentially seek a restraining order against those making the allegations if their... View More

1 Answer | Asked in Communications Law, Internet Law, Libel & Slander and White Collar Crime for Arizona on
Q: How do I go about legally getting a cease and desist signed and state seal served on YouTubers to stop online harassment

I have a open civil suite case already open court docs signed and found out this person is attached to my other harasser / stalker

T. Augustus Claus
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answered on Oct 20, 2023

In Arizona, to legally address online harassment, you can follow these steps. First, consult an attorney with experience in online harassment cases. They will help you draft a cease and desist letter outlining the harassment and demanding it to stop. Once sent, if the harassment continues, you can... View More

3 Answers | Asked in Medical Malpractice and White Collar Crime for California on
Q: Need help deciding what type of attorney to hire

I’m unsure of the type of attorney to hire and need help deciding. I was the “client” of a nonprofit organization. My case has a lot to it and a lot of laws

were broken including but not limited to-

med mal, HIPAA, my privacy, the organizations bylaws, etc.

I have... View More

James L. Arrasmith
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answered on Oct 17, 2023

Based on the diverse nature of your case, you may want to consider hiring an attorney who practices in civil litigation or health care law, as they typically handle a range of issues, including medical malpractice, privacy violations, and organizational disputes. While a medical malpractice... View More

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2 Answers | Asked in White Collar Crime for California on
Q: Can civil robbers (white collar robbers) be sued against for civil rico?

If there are white collar hackers that steal digital things. They have been successfully doing so for 10 years (once every month). Can they be charged under civil RICO?

James L. Arrasmith
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answered on Sep 19, 2023

Yes, individuals involved in white-collar crimes, including cybercrimes such as hacking and digital theft, can potentially be sued under civil RICO (Racketeer Influenced and Corrupt Organizations Act) if their activities meet the criteria set forth in the statute. To establish a civil RICO claim,... View More

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2 Answers | Asked in Criminal Law and White Collar Crime for Oklahoma on
Q: If a person pawns items they don't own, but retrieve items and return to owner w/o anyone knowing, can they be charged?
Tracy Tiernan
Tracy Tiernan
answered on Sep 14, 2023

Interesting fact pattern for certain. The crime (False Declaration of Ownership) was completed when you signed the document alleging you have owned the property for a certain period of time. The fact that you retrieve it later and make everything right would certainly be an extenuating circumstance... View More

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2 Answers | Asked in Criminal Law and White Collar Crime for Oklahoma on
Q: If a person pawns items they don't own, but retrieve items and return to owner w/o anyone knowing, can they be charged?
Stanislav Kshevitskii
Stanislav Kshevitskii
answered on Sep 14, 2023

The answer depends, among other things, on how a person got access to these items. If a person has been entrusted with material assets belonging to his employer in connection with the performance of his official duties at work, then his actions will be recognized as abuse of official position. If a... View More

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1 Answer | Asked in Appeals / Appellate Law, Real Estate Law and White Collar Crime for California on
Q: Letter from Board of Supervisor says I have 90 days to appeal, nothing about notice of appeal, is it necessary?

Just want to know since this is day 45 out of the 90 days I have to appeal, do I need to first file a notice of appeal? What do I need to prove in this appeal? Excess Proceeds were 22k and they signed off on $7400 and plan on transferring 14,800 to their general fund. This is criminal and they know... View More

James L. Arrasmith
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answered on Sep 14, 2023

In California, if you've received a letter from the Board of Supervisors with a 90-day window to appeal their decision regarding excess tax proceeds, it's advisable to file a notice of appeal within that timeframe to preserve your right to challenge their decision. In your appeal, you... View More

2 Answers | Asked in Banking, Federal Crimes and White Collar Crime for California on
Q: Can a bank deny me paperwork

I never once had money in the said account at the time the bank allowed a fraudster to get a 80,000 dollar loan in my name? The bank then gave the fraudster access to my account allowing them to open up other fraudulent Accounts using my checking account, they then gave the fraudster my personal... View More

James L. Arrasmith
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answered on Aug 15, 2023

In California, banks have a duty to protect their customers' accounts and information, and they should take appropriate measures to address fraudulent activity. Denying you access to essential paperwork related to your account and the fraudulent activity could raise concerns about their... View More

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1 Answer | Asked in Probate, Family Law, Civil Rights and White Collar Crime for California on
Q: So I was denied due process placed on temporary probate conservatorship & never met the judge he never met my Dr.

And my brother's signature was forged I was in custody and never allowed to meet with the judge he never assigned legal counsel to me at all. And I was placed on a contingency for 13 months on the 13th month I spoke with the courthouse investigator who said it should go before a trail jury to... View More

James L. Arrasmith
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answered on Aug 6, 2023

Based on the information provided, it appears that there may have been significant legal issues and potential violations of due process in your case. You should seek immediate legal representation to address these concerns properly. An attorney can help you review the circumstances surrounding the... View More

1 Answer | Asked in White Collar Crime, Contracts and Libel & Slander for Texas on
Q: I was awarded damages in a civil suit and the defendant also has criminal history for similar scams so can I tell others

I would like to warn others who I know are considering using this contractor

T. Augustus Claus
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answered on Jul 27, 2023

While I understand your concern, it's essential to be cautious about how you share information about someone's criminal history, especially if you were awarded damages in a civil suit. Making false or defamatory statements could potentially lead to legal issues for you. Instead of... View More

1 Answer | Asked in Probate, Real Estate Law and White Collar Crime for Texas on
Q: How to obtain assets as a heir with no will or probate court in one case & no will but probate court in another case.

My brother provided a voided power of attorney document to a lien holder of my mother's home deed after she passed In order to obtain the deed. He also provided the probate court fraud bankstatements for our deasesed uncles estate in order not to pay my share as a hier so I have to separate... View More

John Michael Frick
John Michael Frick
answered on Jul 7, 2023

Hire an attorney with experience in probate litigation. A power of attorney from your mother is, of course, void upon her death. As an heir, you have the right to file for probate of your mother's estate, even though she doesn't have a will. You can ask the court to appoint you as a... View More

Q: I don't think this lawyer who represented me Signed as my Lawyer, is this a legal representation, to not be signed
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 7, 2023

You can certainly have an attorney-client relationship without a written retainer agreement. The better practice, however, is to have a written retainer agreement which sets forth the duties and responsibilities of both the attorney and the client. That said, if you are unhappy with your current... View More

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1 Answer | Asked in Criminal Law, Employment Law, Business Formation and White Collar Crime for Tennessee on
Q: I am founder of a new nonprofit in TN. I have felony from 2013 (UE).repaid all monies, no other criminal record.

Can I be an officer/manger on my board if I have felon from another state? I had an over payment for unemployment of 11,033.38 (including a $5,000 fine) ALL of which I REPAID in full. the nonprofit that I am starting is a community building project teaching beginning farmers from low income and... View More

Anthony M. Avery
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answered on May 23, 2023

I am not aware of any disability from running a TN non-profit entity. If you already formed it, then apparently the TN Secretary of State has no problem. Since it is from another State, noone here may know about it at this time, and who would want to remove you anyway? You might look into... View More

1 Answer | Asked in Tax Law, Identity Theft, Social Security and White Collar Crime for Texas on
Q: Can an individual be compensated for use of their info?

If an organization takes an individuals credentials to create an entity that generates revenue and income, is that individual entitled to some type of compensation?

James L. Arrasmith
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answered on May 2, 2023

It depends on the specific circumstances and the laws of the jurisdiction in which the individual resides. In some cases, individuals may have legal rights to compensation for the use of their personal information, particularly if the organization is using the information for commercial purposes... View More

2 Answers | Asked in Criminal Law, Small Claims and White Collar Crime for California on
Q: Could I meet someone on OfferUp and they could just steal my item that was for sale because they said it was theirs?

I found a bike without a wheel near a store it looked abandoned so I took it and tried to sell it on offer up. Then I make a deal and meeting place and they show up 3 deep and steal the bike without paying me for it. They knew where I got it from but they could have just seen it and left it right?

James L. Arrasmith
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answered on Apr 19, 2023

Unfortunately, it is possible for someone to steal your item during an OfferUp transaction if they claim that the item is theirs and take it without paying. This is known as theft by false pretenses or fraud, and it is a criminal offense.

To minimize the risk of theft or fraud during an...
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1 Answer | Asked in Criminal Law, Federal Crimes and White Collar Crime for Oklahoma on
Q: They're talking about re-arresting me when the lab results come back on the same charges I already bonded out on, legal?

I was pulled over and charged with possession. I had a tiny bag of meth and a "mixed" bag of coke and meth, at least that's what i was told it was. I was never 100% sure what it was mixed with and still don't, but If it's fentinol it'll be a little over 1 gram. I was... View More

David A. Cincotta
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answered on Apr 6, 2023

Each county handles these matters a little differently, but the best thing you can do is monitor OSCN/ODCR to see if a case ends up being filed and stay in touch with your bondsman. If charges do get filed, your bondsman can likely repost the bond and set you up with a new arraignment date (and... View More

1 Answer | Asked in White Collar Crime, Estate Planning, Family Law and Elder Law for California on
Q: How can I communicate intent to file criminal complaints without crossing the line into blackmail?

How can I communicate intent to file criminal complaints without crossing the line into blackmail? My sister is attempting to cut me out of the inheritance from my mother (there's no will), for which I have hired a civil attorney to sue her. However, my sister has also committed several... View More

James L. Arrasmith
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answered on Apr 1, 2023

Under California law, blackmail is a criminal offense that involves threatening to reveal information about someone in order to obtain money, property, or some other benefit. To avoid crossing the line into blackmail when communicating your intent to file criminal complaints, it is important to... View More

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