Legal Question in Real Estate Law in California

Fictitious Business Name

Hi, my father is developing a commercial building, and he has asked me to open a bank account with a dba and I will be the ''general contractor'' which i know nothing about. He wants to get money from the lending bank, and pay me as the general contractor and then keep the money for himself.

What are the repercussions? Should i do this to help my father out? Should i ask to keep some money for myself? Will i end up paying tax on this?


Asked on 11/09/08, 4:41 pm

3 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Re: Fictitious Business Name

We would need more information to cover better the question. On the face of it, your are receiving taxable income, defrauding the bank wiht is both a criminal and civil wrong [they can sue you for any damages they suffer], as sooner as they send their site manager out to look at how the initial work is progressing he will figure out that you are not a general contractor and the loan will be cancelled.

Figure out some diplomatic way to say no to your father. Why would a father try to get his son involved in such a scam?

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Answered on 11/10/08, 10:34 am
David Gibbs The Gibbs Law Firm, APC

Re: Fictitious Business Name

DON'T DO IT. Your Father-In-Law is attempting to defraud a lender, and if you are a part of this, you will be as equally liable as him when, not if, the lender finds out. And yes, you will be paying taxes on any money paid to you, even though you paid it right back to your Father-In-Law. Unless you want to be sued by the lender for the refund of all monies paid, plus a lot of attorneys fees, etc... and potentially face criminal penalties, I'd tell your Father-In-Law to find another sucker.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 11/10/08, 12:35 pm
Terry A. Nelson Nelson & Lawless

Re: Fictitious Business Name

Sure, feel free to do it, as long as you don't mind criminal charges for federal bank fraud against you, and him.

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Answered on 11/10/08, 1:29 pm


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