Legal Question in Criminal Law in Mississippi

white collar crime

My aunt had a large 401k program through the company she retired from,in which I was the benificary of, but someone ( my dad)removed the 401k with a four digit pin number, and has her 401k cashed out and a check sent to my aunt address, and deposited it into an account that was a joint accoount with my mother, so my moms name is on both checking accounts, and my dad has been spending this money?

what kind of crime is this???? I have filed an estate and all my siblings are protecting him?


Asked on 3/31/04, 10:52 pm

2 Answers from Attorneys
Austin Nimocks Austin R. Nimocks & Associates, P.L.L.C.

Re: white collar crime

Sounds like grand larceny. You need to report what you've told us to the police and let them investigate.

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Answered on 4/01/04, 10:41 am
Albert Pettigrew Law Offices Ph 228-875-8736

Re: white collar crime

Possibly theft by fraud. It depends on when the money was withdrawn from the 401k in relation to your aunt's passing away, and whether your father acted as agent for your aunt and if he acted in her best interest. You should seek the assistance of an attorney to establish an equitable trust on the account and any conversions of the assets, and to obtain a judgment against him for the actions. Additionally, you make seek criminal action against him for theft.

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Answered on 3/31/04, 11:00 pm


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