Legal Question in Criminal Law in California

Your raise an interesting question. However, there are some additional facts that need to be determined in order to give you an accurate answer. First, do your brother and his wife live in California? Next, was the power of attorney a limited power of attorney or did it provide complete power over all personal matters? Next, as I understand the facts stated your question, your sister-in-law impersonated you in a conversation with the bank to release the funds from a bank account at capitol one that is in your brother's name and your father's name. Is that correct? Are you on that account as well? If not why did the bank release the funds? They should not have. If you are, how did your sister-in-law get the information the bank required in order to release the funds? Now let's address the question you asked more directly considering the facts provided. California Penal Code, section 529 provides that it is criminal to impersonate someone and then commit acts that would subject them to any liability or to pay any sums of money as a result of the impersonation. There are, of course, other sections of the California Penal Code that may apply, but generally Sections 528 through 539 involve the issues you are asking about. This is essentially chapter 8 of the California Penal Code. However, depending on many other factors that must be addressed in order to determine all the facts and what additional acts were necessary to complete the alleged fraud there could be other sections that would and/or might apply.

I strongly urge you to contact an attorney immediately. There are so many things that might be going on in this situation that it is really quite impossible to address the issues in this type of forum. Additional information is required in order to make any real determination regarding what might or might not exist in regards to criminal acts. You really need to talk with an attorney. I suggest you write out exactly what you know happened and do your best to include all the facts you personally know and any additional facts you have been told. However make it clear what you know and what you have been told. Then start shopping for an attorney. You will need an attorney that is familiar with Community property issues that are complicated by the issues involving a military spouse. The attorney will also need to be very knowledgeable in criminal law as well in order to address any possible crimes committed by your sister in law. I suggest you start calling and find one that offers an initial free consultation or at least a discount for the 1st hour.

Good luck,

Brian McGinity

This answer provided does not create an attorney-client relationship and there is no attorney client privilege between the parties as a result of this answer. The answer provided is based upon general principles of law and should not be considered legal advice. It is impossible to give any real accurate advice in a public forum such as this. Therefore nothing in this answer should be considered legal advice.