Legal Question in Criminal Law in California

Grand Theft

$240,000.00 Grand Theft. When does the statute of limitations run out for reporting this crime? Company fled with my documented coin collection. I have all documentation and recorded phone conversations for proof. Last transaction took place two years ago. Coin Investment Company no longer exists. I'm 84 years old and my daughter is now helping me with this problem.


Asked on 10/07/05, 12:54 am

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Grand Theft

If someone stole $240,000 from me, I would report it to the police and the FBI the same day. And I'd also consult an attorney right away. But that's just me.

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Answered on 10/07/05, 1:35 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Grand Theft

The statute of limitations has nothing to do with "reporting" s crime. Instead, it limits the time in which the prosecutor may file charges. Prosecutors are almost never *required* to file charges, though, and even if the limitations period has yet to expire in this case (offhand I don't know what the applicable period is) there are plenty of reasons why a prosecutor might not be interested in it. Two years is a long time to delay starting a case, especially where the defendants have vanished in the interim,

Your question suggests that the crime took place two years ago and that you knew about it soon after, which is clearly how Mr. Stone interpreted it. But after reading it again I see that your last transaction with the company is what happened two years ago. I suppose you may only recently have learned that the company is gone; it may even be that the crime is fairly recent. You should call the police and/or the District Attorney right away and see what they are willing to do.

One other point: you mention having "recorded phone conversations for proof". Were all parties aware that you were taping the phone calls? Recording a telephone conversation without the consent of everyone involved is a crime in California, and you could face stiff penalties for doing so. Additionally, there is a statute which forbids using such tapes as evidence regardless of what the tapes reveal or what the case may be about. (There is only one exception to this rule -- the tapes may be used a prosecutor against a defendant charged with making the tape.) Even if the tapes really do prove your claims, they may do you a lot more harm than good if you let the authorities hear them.

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Answered on 10/07/05, 3:06 am
Terry A. Nelson Nelson & Lawless

Re: Grand Theft

Contact the police, District Attorney, Attorney General, US Postal Inspector. Do not delay.

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Answered on 10/10/05, 3:32 pm


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