Legal Question in Criminal Law in Minnesota

Question about a theft

''Jane'' stole thousands dollars from me. She sent over $1,000 to ''Joe''. When she sent it, Joe didn' t know it was stolen. Jane later told Joe that the money was stolen from me. A couple of months later I discovered the theft and learned that Joe had gotten some of the money. then told me. Joe did not notify me nor return the money. He will not talk to me .

1) Has Joe committed a crime?

2) Can I file charges against Jane without implicating Joe?


Asked on 7/14/08, 2:49 pm

1 Answer from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: Question about a theft

On these hypothetical facts, Joe does not know or have reason to know that the money from Jane was stolen ot otherwise the proceeds of illegal activity. Therefore it seems unlikely a prosecutor could find a basis for charging a crime against Joe.

If Jane stole money from you, you can make a criminal complaint to the police about Jane. The police can investigate, and refer their findings (if they choose to do so) to the local prosecutor, who may file a criminal charge against Jane if the prosecutor believes there is "probable cause" to do so.

Private persons cannot "file criminal charges" -- only the government prosecutor can. Private persons can, however, serve and file a civil lawsuit to recover stolen money, though if insured it normally would be better to make an insurance claim and let the insurance compay handle that.

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Answered on 7/15/08, 1:19 pm


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