Legal Question in Criminal Law in California

Good Mornig:

My question is concerning the charge of embezzlement.

I am an active military officer stationed in California.

While deployed, i signed a general power of attorney with my current spouse named as the agent.

Over the period of my deployment, My spouse:

Maxed out Credit Cards, started credit accounts in my name and disposed of about $120,000.00 in pay and allowances. This part is common, though I really don't think it is criminal.

What appears to me to be criminal:

She deliberately did not pay existing debts and newly created debts!!

In fact, she disabled the automatic payment systems that I had in place, and intentionally avoided creditor contact and on a bi-monthly basis removed all funds for my account and "paid with money orders" which she cannot locate whe asked and cannot be tracked.

Now this Puts me in violation of Article 132 of the UCMJ and can cost me my career not to mention damage to my credit rating and loss of my security clearance.

She also deliberatley did not pay my child support. Even though she was the agent listed on the power of Attorney and lied about it. This Puts me in violation of Articale 134 of the UCMJ as well as Article 133 of the UCMJ.

I am likely to be investigated on these offences in the coming weeks "Merry Christmas"

I have voluntarily left the home and am posturing for divorce.

I think the embezzlement charges are in order.(California Penal Code Sec. 507)

Am I just a pissed off Husband/ex-husband, or am I understanding the letter and spirit of the law properly?


Asked on 11/24/09, 12:57 pm

2 Answers from Attorneys
Scott Linden Scott H. Linden, Esq.

It sounds like you may have given her the authority to do all the actions that she did, but further review of the facts and documents is certainly in order. Embezzlement will be a difficult route because she was your spouse and was, therefore, entitled to control your assets...do you and/or her reside in CA or are you stationed here?

There is no question that you should discuss this with a local DA, (to at least appraise them of the facts and see if they want to go after her for fraud or theft), as well as have proper legal representation at the MJ hearing. You will also want to have legal representation at your dissolution so that these issues can be brought up there as well.

If you would like to contact me off the public forum, I can discuss this with my associates and see if we have anyone who specializes in MJ laws as I believe this will be tried in their courts and not in CA Superior Court.

I can be reached through my website at MasterCriminalDefense.com

Scott

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Answered on 11/30/09, 2:41 pm
Terry A. Nelson Nelson & Lawless

For pete's sake man, yes, file criminal charges, asap. Also file a civil action either by itself on as part of the divorce proceeding. You have nothing to lose by doing so except maybe some attorney fees, and it shows good faith effort by you which you can use in your defense of any UCMJ charges. Discuss with your attorney to possibility of obtaining a court order [temporary restraining order] to seize any disputed funds and assets she has. Feel free to contact me if serious about getting help with the filings. You'll also need to get experienced counsel to defend the UCMJ issues.

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Answered on 11/30/09, 4:49 pm


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