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

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

Posted

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. This is true due to the anonymous nature of this venue, and the incomplete information which is invariably provided by the questions. It is imperative that you consult directly with an attorney regarding your specific situation before acting on or relying on anything represented here. Period.

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Posted

I was a teacher and whistle blower afterward I was assighned to a different class each hour over a forty acer campuss. I was arrestd with surplus property all charges were dismissed per negotian I was denighned my due process and made to wait five years for Las Vegas's most corrupt arbitratorto nod his head instantly at every assumption without hesitation or deliberation. My attorney concealed my reports witnesses and even my testimony was "off the record" How long is the Fed statue of limitations on conspiracy and fraud both civil and criminal prosecution? Thanks

Asker

Posted

Sorry but to elaborate on the above forgot to mention that this matter is a should be 5 year one after researching, because as your colleague has mentioned below some statutes are quite longer. (This is a tax matter).

Posted

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 jurisdiction in which I am not licensed. The answer does not constitute legal advice nor does it create an attorney-client relationship. The answer is based only on the information provided, and may be inaccurate in the context of additional facts that have not been provided. The questioner should be aware that I am only licensed to practice law in the state and federal courts of Minnesota. Accordingly, before taking any action or refraining from taking any action, the questioner should consult with an attorney licensed to practice in his or her jurisdiction.

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Posted

Where is a point of reference that I can read for exact clarification on these statue of limitation time frames? I am trying to figure out the statue of limitation that the Federal government (prosecutor) has in order to bring criminal charges for crimes such as (tax fraud, and securities fraud). I am curious for informational/educational purposes.

Robert David Richman

Robert David Richman

Posted

18 U.S.C. 3282

Asker

Posted

Have you ever heard of scenarios that have resulted in cases sitting at the U.S. Attorneys office for 5 years and the statute of limitations running out on the ability of prosecutors to bring criminal charges against a target of a criminal investigation? It has been 3 years here since the crime took place and 3 years since the investigation.

Robert David Richman

Robert David Richman

Posted

Given the time that has elapsed, it is most likely the U.S. Attorney does not intend to prosecute the case. If he does intend to prosecute, he would not let the case sit until the statute of limitations expires.

Posted

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. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

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Posted

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 based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.

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Posted

From art work to child abuse you certainly covered everthing but what I need or am trying to find out. You obviously do not subscribe to "less is more" I was a teacher and was a whislte blower. In retaliation I was assighned a different class each period over forty acer campus. I was wrongfully arrested and made to wait five years for the most corrupt arbitrator Las Vegas has. My attorney sighned a continuane and I was made to wait five years to find out for my reports witnesses and illegal write ups as well as the districts evidence against me , was all concealed. I have overwhelming eveidence of conspiracy, dishonesty and fraud and would like to know what the federal statue of limitations are for both civil and crimial prosecution. Thanks

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