Legal Question in Family Law in Illinois
Just found a brokerage account after our divorce ended in Sept 2010. that showed ex transferred $750k out of it between 2006 and 2008. I contended throughout divorce that ex stole $1m. Accountant and attorneys never bothered to look at this because account came in on disk and the code was encrypted and it wouldn't open. I got hard copies sent to me and found it on my own. Now it's back at accountant's office determining the theft. Also found over $100k in canceled checks sent to his employer. Subpoena to another brokerage came back empty, because it was sent to wrong dept. I believe the balance of the $1m is there. Anyways, I feel ex should be arrested. Will that happen? I'm also getting copies of my payroll to see if ex deposited my payroll elsewhere. Payroll statement could never be reconciled with joint account. I believe alot of the $750k found that was transferred out was my earnings from work. I think ex should be arrested for this too, if I am correct. Police have done nothing about 2 fraud mortgages ex did online or any of the identity theft ex did with a opening an online bank account in my name, a credit card account in my name, or signing my name to checks deposited into out joint account etc. State's Attorney so far won't prosecute the fraud either. Ex was even in my stock accounts. What usually happens? There are laws and nobody is enforcing them.
3 Answers from Attorneys
You should decide what your priority is. Is it monetary or punishing your ex husband.
It sounds to me like you have a cause of action against your lawyer who should have malpractice insurance. It is not hard to ask the court to order the other party to provide the password. I cannot understand why your attorney would not have done that. It is also possible, that an expert could have been hired to break the encryption.
You might try contacting the U.S. Attorney's Office as the other aspects may involve wire fraud.
It may be possible to re-open the proceedings based upon a fradulent disclosure of assets or some other theory. I am having trouble understanding exactly what you are saying, but you may want to consult with a legal malpractice attorney in addition to a good family lawyer willing to litigate this potentially unauthorized transfer by your ex-husband.
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