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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

  1. 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.

  2. 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.

  3. 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.

  4. 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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