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Power of Attorney Fraud Fraud, Embezzlement, Bad Checks

Discussion in 'Criminal Charges' started by endocloud, May 12, 2009.

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  1. endocloud

    endocloud Law Topic Starter New Member

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    My jurisdiction is: Wyoming

    A few years ago my uncle went to jail for poss of child porn. About two months after he went to jail. He gave me power of attorney to pull his money out of 401k, stocks, and bank account to sent to him. Because I was so bitter at him for what he did and to what he sexual did to me growing up. I spent his money all of it on myself. Now I got a letter from him today saying if I don't show proof what I did with it the (agency's) are going to come after me for fraud. I don't think what I did was wrong because he molested me and other people growing up. Plus on top of it I got rid of all his stuff.
     
  2. endocloud

    endocloud Law Topic Starter New Member

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    I just wanted to know what can happen legally to me?
     
  3. kmfree

    kmfree New Member

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    It seems to me that you will be taken to court for this. You had Power of Attorney. I believe that you should have done what he wished for you to do with his money. It can be proved that you took all of his money out of savings, 401(k), etc. That means that you stole his money/spent his money without his permission. Good luck trying to convince any judge or jury that what you did was right. You do not retaliate against someone, you call the cops. If he had molested you when you were younger, the correct authorities should have been notified.
     
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  4. Theresagail

    Theresagail New Member

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    You committed fraud, He could file charges on you and you could get in a lot of trouble plus have to pay back all of the $$ - Since he gave you power of attorney the companies will not come after you -- but the IRS will come after him and He should go after you.
     
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  5. endocloud

    endocloud Law Topic Starter New Member

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    So what do you think I should do make 100 dollar month payments to him if he agrees or wait till i get served with papers or something?
     
  6. Theresagail

    Theresagail New Member

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    Depends on what he is willing to accept. If he accepts the repayment then keep your receipts or canx checks (he can still come after you, so you will want proof of the agreement) If he says no way -- then you will need to wait to be served-- this would be different then just a small claims case-- he would file criminal charges (fraud)--- Talk to him see what he says then determine what you need to do-- You may need to get an attorney
     
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  7. endocloud

    endocloud Law Topic Starter New Member

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    Is what I did a felony?
     
  8. Theresagail

    Theresagail New Member

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    Not sure-- I think that is determined on the amount of $$ you took
     
  9. endocloud

    endocloud Law Topic Starter New Member

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    about 2000 dollars
     
  10. kmfree

    kmfree New Member

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    I wouldn't think that $2000 is a felony. I would try and speak to him and tell him that you will make payments. How much of his stuff did you sell? You are also liable for any money you made from getting rid of his stuff. If you didn't sell it, you could be liable for what these items were worth. Get an attorney.
     
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  11. endocloud

    endocloud Law Topic Starter New Member

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    i wish i could but they only attorney that wil take my case want 5000 up front and i don't have it at all.
     
  12. Theresagail

    Theresagail New Member

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    Try and just work this out with him, Determine the $$ amount he is owed and either get a loan or something to pay him off ( letter of release from him ) or just see if he will accept pmnts (keep all receipts) I hope it all works out.
     
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