Brian Fenton McEvoy's Answers

How long after a search and seizure does the law have to file charges

There is a set period of time after a crime has been committed during which the perpetrator can be charged. This time period is set by the legislature and is referred to as the statute of limitations. After this period of time has elapsed, a person cannot be charged with the crime, and if charged may raise the statute of limitations as a defense. States differ in the length of time allowed for prosecution of criminal charges under their statutes of limitations. Typically, petty offenses may...

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Philadelphia Red Light Camera Violation. Any way around this?

Generally speaking, fines resulting from "camera offenses" are not criminal in nature. Rather, they are merely civil fines imposed by the state or local municipality. Having said that, there should be an appeals process which you can pursue by calling the entity which is seeking the fine amount. t all depends on the particular facts and circumstances of your case. If the case involves multiple victims and a loss greater than $50,000.00 to those victims, it is likely that the matter may be...

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Is this a white collar crime?

As the above Attorney has indicated, in order to be convicted of a federal crime, the government must first prove that you had the intent to commit the crime. In your case, it sounds like you did not. Several things to consider are whether you had the authority to authorize the raises, whether the were justified, and whether you personally gained a financial benefit. This answer is for educational purposes only and should not be construed as legal advice.

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What can i do if i feel i am being illegally accused of bank fraud

The first thing you need to do is a hire a lawyer in your area that is familiar with business litigation and our defense of economic crimes. Depending on the facts and circumstances of your case, if you made any false statements to a federally insured financial institution in connection with any loan, line of credit or account, you could be prosecuted federally pursuant to Title 18, United States Code, Section 1014 - False Statements to a Federlly Insured Financial Institution. Less likely...

Stock selling by mistake or froudly

Not sure what the answer is based on the phrasing of your question. NOTE: This answer is for educational / informative purposes only and should not be construed as legal advice.

What is the punishment for credit card fraud?

It all depends on the particular facts and circumstances of your case. If the case involves multiple victims and a loss greater than $50,000.00 to those victims, it is likely that the matter may be investigated by a federal law enforcement agency (likely the FBI or the United States Secret Service). There are a number of crimes with which you may be charged depending on the nature of the crime. Generally, a federal prosecutor would look to Title 18, United States Code, Section 1028 to...

What is the punishment in illinois for id theif and credit fraud for a first time offendera?

It all depends on the particular facts and circumstances of your case. If the case involves multiple victims and a loss greater than $50,000.00 to those victims, it is likely that the matter may be investigated by a federal law enforcement agency (likely the FBI or the United States Secret Service). There are a number of crimes with which you may be charged depending on the nature of the crime. Generally, a federal prosecutor would look to Title 18, United States Code, Section 1028 to...

What is the punishment as a minor for Credit card fraud/theft

As a practical matter, federal criminal authorities (either the FBI or United States Secret Service) would spend a great deal of resources investigating a credit card fraud case involving a minor with a loss amount of less than $1,000.00. This is true for a couple of reasons (1) minors are very rarely prosecuted in the federal criminal system, and (2) United States Attorneys Offices (i.e. federal prosecutors) each have monetary thresholds which are used to determine whether they will prosecute...

Will someone with a White Collar arrest warrant be stop at the airport for an international travel?

If there is a federal or state criminal arrest warrant, it will likely be entered into the NCIC national crime database. Once this occurs, it is likely that someone could be detained and arrested upon re-rentry into this country from an International flight. Of course, if the arrest warrant has not yet been issued, it is unlikely that a passenger would be detained, or arrested. NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or...

I bought a truck from a dealer and the dealer pull a white collar crime,the persdon that traded it in still owed money on it .

The above statement / answer is for educational purposes only and should not be construed as legal advice.