Fraud, Embezzlement, Bad Checks Fraud?

[PeeWee]

My elderly mother is trying to sell some property in another state. My half-brother has been helping her (under no contract). He represented himself to the buyer as having power of attorney and that my mother lived with him. The buyer (without checking into his claims) sent him $15, 000 as a down-payment. All without my mother's knowledge. My halfbrother will not send the money to my mother or return it to the buyer. Now the buyers lawyer wants my mother to file a police report. Shouldn't the buyer have to file the report since he is the one that cannot get his money back? He misrepresented himself to the buyer, didn't he?

 

[CdwJava]

One could argue that the money was sent to the brother who was acting as mom's agent ... therefore, MOM could be on the hook if she doesn't distance herself from the half brother in some way. Only an attorney can tell her what exposure she has for the situation depending on the nature of any contracts that might have been signed. Nothing says that they cannot each file against the brother.

Besides, if she does NOT file a report for his actions, it may well be that she will be left holding the bag for the $15,000. She either needs to distance herself from his actions, or she might well be held liable for the amount.

- Carl