Full question:
I am inquiring about the statue of limitations on theft of an individual involved in a corporation. I discovered August 1, 2011 that on 11/16/06 my brother that was president of a corporation in which I have 37.5% interest wired $1,080,294.98 to a title company to purchase a property in which I have no ownership. He also for a time period encompassing Jan 2008 through June 2009 transferred approximately $940,000 to companies in which I again do not have ownership. This information I became aware of in August of 2009. Has the statue of limitation ran to file against him criminally for either case? Do I need to file against him in the state he is living (Montana) or the state in which the offense occurred and location where he was residing at the time and can restitution be recovered in a criminal suit?
- Category: Criminal
- Subcategory: Theft
- Date:
- State: California
Answer:
The statute of limitations for theft varies depending on how the crime is charged. If charged as a misdemeanor, the statute of limitations is one year. If charged as a felony, it is three years. In your case, since you discovered the offense in August 2009, the time to file criminal charges may have already expired, especially if the theft occurred in 2006 and 2.
In general, the statute of limitations can be extended (or "tolled") if there is a delay in discovering the crime, but this does not apply if the delay was caused by the defendant's actions. Additionally, if the defendant was out of state at the time of the offense, the statute of limitations may be extended for up to three years.
Regarding where to file, you would typically file in the state where the crime occurred or where the defendant resides. Restitution can be ordered in a criminal case, but you may also pursue civil damages for conversion, fraud, or other claims. It is advisable to consult a local attorney who can review your specific situation and provide guidance.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.