Legal Question in Criminal Law in Montana

Theft felony Section 45-6-301(2)(a) MCA and Sec 33-1-1302(1) MCA

Myself and business partner(wife) have been charged with Felony theft Section 45-6-301(2)(a)MCA and Section 33-1-1302(1) mca or the alternative Theft by Accountability with Section 45-2-301 MCA included. Also charged with Deceptive Business Practices a misdemeanor Section 45-6-318 MCA.

How many years can the State Insurance commisioner look back and investigate criminal charges. We have dates 1994 through March of 2000 being looked at.We are in the Medicare/Long Term Care insurance business and had insurance company authorization to cash applicants checks to the companies and pay out our own commissions. Charges are all stemming from intermingling of business and personal accounts. Please help if you can.

Thank you


Asked on 12/30/00, 4:51 pm

1 Answer from Attorneys
Mark Sullivan Mark R. Sullivan - Attorney at Law

Re: Theft felony Section 45-6-301(2)(a) MCA and Sec 33-1-1302(1) MCA

The general rule on a time limitation for prosecution of felony offenses is five years. If the theft is alleged to be part of a common scheme, then the prosecution will argue that the date be extended beyond the five year limitation. I think the law permits this for determination of the value of the property alleged to have been taken. The misdemeanor has a one year statute of limitations. Obviously you need assistance with this and I hope you seek a good criminal defense attorney in your area. Good Luck!

Read more
Answered on 1/04/01, 2:32 pm


Related Questions & Answers

More Criminal Law questions and answers in Montana