Statute of limitations on federal fraud/ perjury,conspiracy & statute of limitations on fraud charges & perjury charges/ state.

Asked about 2 years ago - Riverside, CA

stems from a case that was filed in 2004/2005. I want to include all past and current charges of perjury as the evidence of fraud was found 4 months ago. Original action is a family law matter.

Attorney answers (4)

  1. Christine C McCall

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Based just on what you have posted here, scant as it is, I suspect that you are interested in a perjury and fraud prosecution for some testimony/declaration/evidence that was introduced by the opposing party in a state family law proceeding. This is an exceptionally common issue. There are multiple postings on this set of facts virtually every day here on Avvo.

    The truth is that perjury and fraud prosecutions almost never result from contested civil cases. Our court system would simply collapse (and would have long ago) if a prosecution were to ensue from every disputed civil case in which one party or the other is convinced that the other side committed perjury and fraud. That would mean that virtually every civil case spawned at least one and maybe multiple criminal prosecutions!

    Equally important, from the policy standpoint, at least one judge has already heard the evidence in the previous case. If that court thought that there was provable or actionable perjury or fraud, the court could have referred the matter to prosecutorial authorities.

    Of course, if I have surmised wrongly about the nature of your issue, just ignore these comments.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  2. Jeffrey George Moore

    Contributor Level 15

    4

    Lawyers agree

    Answered . If you are interested in pursuing criminal charges for these crimes, the statute of limitations isn't really a concern of yours. Rather, you should contact the appropriate law enforcement agency and present them with your allegations. The law enforcement agency and associated prosecuting authority will assess your claims and determine if there is a crime or crimes to prosecute, and if those prosecutions are viable.

    For a civil cause of action, you should consult with an attorney that specializes in the appropriate field(s).

    Any statements I make in these forums (fora?) should not be taken as direct legal advice, merely informed guidance.... more
  3. Robert David Richman

    Contributor Level 17

    4

    Lawyers agree

    Answered . It is up to the prosecutor whether to bring charges. All you can do is submit the evidence to the government. The statute of limitations in federal court for most crimes is 5 years from when the crime occurred. If the earlier case that you describe was not a federal case, however, it is not clear that the feds would even have jurisdiction.

    This answer is provided for educational purposes only and is not intended as the practice of law in any... more
  4. Michael Kevin Cernyar

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . The question is ambiguous, but the following is the standard for federal statute of limitations.

    Although the majority of federal crimes are governed by the general five year statute of limitations, Congress has chosen longer periods for specific types of crimes – 20 years for the theft of art work; ten years for arson; for certain crimes against financial institutions, and for immigration offenses; and eight years for the nonviolent violations of the terrorism-associated statutes which may be prosecuted at any time if committed under violent circumstances. The child protection section, 18 U.S.C. 3283, permits an indictment or information charging kidnaping, or sexual abuse, or physical abuse, of a child under the age of 18 to be filed within the longer of 10 years or the life of the victim. The enactment of 18 U.S.C. 3299, eliminates the statute of limitations in cases of child abduction and sex offenses against children, obviously limits the sweep of Section 3283.

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice... more

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