Legal Question in Criminal Law in California

Financial Fraud

I, along with several other victims would like to know the statue of limitations for fraud in California under a criminal case? Also, does the US have any extradition agreement with Nicaragua in the event the accused guilty party flees the country? Please advise.


Asked on 4/25/07, 11:55 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Financial Fraud

All that should matter to you is the civil statute of limitations, which is typically three years in which you must bring your lawsuit for fraud. Unless the perp has accessable assets, that could be a process that costs you money without getting anything back. If he does, then feel free to contact me to discuss the facts and issues.

You have no power over the prosecutors to make them file criminal charges. They will do so if they think they can get a conviction, but you won't benefit finacially from that unless the court orders restitution, but that is often not part of plea bargains. You can't enforce it even if it is; only the court can. Extradition is a seldom used proceedure, and then only when the govt is willing to spend extraordinary time tracking the criminal.

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Answered on 4/25/07, 4:19 pm
Elena Condes LAW OFFFICE OF ELENA CONDES

Re: Financial Fraud

In California criminal matters related to fraud over $400 the statute of limitations is three years from the discovery of the offense. If the victim in the matter is elderly as considered under the law) the statute is a little longer since it falls under the elder abuse statute.

As for extradition from Nicaragua, I'm unfamiliar with the US treaties with Nicaragua in that regard.

Good luck,

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Answered on 4/25/07, 4:47 pm


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