Legal Question in Civil Litigation in California
In California there is no statute of limitations on embezzlement of public funds as far as prosecution goes. I've been told that there is a statute of limitations for civil proceedings for this crime - in other words a limit to how long after discovery I have to litigate. I don't believe this - I discovered this crime, that has no statute of limitations, in 2010 - less than four years ago. Can I still pursue civil charges?
3 Answers from Attorneys
The California statute of limitations for claims based on a wrongful taking of personal property (which would include money taken through embezzlement) is three years. This assumes, however, that you were the owner or otherwise had a superior right to the property in question.
If the funds taken were public, you have no standing to bring a civil action. Only the public entity that had its funds taken can pursue civil remedies to get them back.
The victim of the crime has standing to sue. It doesn't sound like you are the government, i.e. the 'victim'.
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