Legal Question in Investment Law in California
What criminal legal action can be taken against a custodian when he did not transfer the UGMA to the minor when he turned age of majority, and then stole the entire investments when the son wanted his investment at the age of 42 thinking his father had been managing it for 32 year for his benefit? His father only gave him the amount of the stock sold, and told him there were no dividends but that is untrue and it is a substantial amount.
3 Answers from Attorneys
Criminal? None. Even a civil lawsuit for the damages / money is long past the Statute of Limitations.
Criminal legal action can only be taken by a district attorney or the attorney general, or if a Federal issue is involved, their Federal equivalents.
As far as a civil action is concerned, Mr. Nelson might be correct in saying that the statute of limitations would have run. However, maybe not........the fiduciary duty of a custodian may be continuous and on-going until the custodian fulfills his or her obligations to the beneficiary, and without doing any research on this, I'm going to say MAYBE there is a suit for which the statute of limitations would not be a complete defense. I do not know the answer off the top of my head and believe it is worthy of research before kissing it off as a lost cause.
You may have an action for fraud. The statue of limitations may be tolled, depending on when you discovered the fiduciary's misconduct or when you reasonably could have uncovered it. I believe that in California once a fraud is discovered, you have a 3 year time limit. By all means, explore this immediately with a lawyer. Similarly, you may be able to make a criminal complaint for fraud.
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My children were given a gift of 10000 for college from a relative. The day my... Asked 11/01/10, 12:45 pm in United States California Investment Law