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What type of attorny would handle this type of case? : A corporation manager used an employee's employment information to embezzle the employee's, 401K, Stocks, Medical, Dental, Life Insurance Plans, monies, and the employee's company Retirment Pension Plan benefits and Social Security Retirement Pension benefits.
Mutiple names were added to the employee's records and the corporation manager is perpetrating identity fraud against the empoyee.

Asked about 1 year ago in White Collar Crime

David’s answer: It depends on who wants the lawyer. The employee should report this crime to law enforcement. If less than $1M was stolen, federal law enforcement will probably not be interested. In that case, the local police or sheriff's department would probably investigate the case. The employee should contact the local police station and inquire. The corporation might also want to report the matter to law enforcement, but it might have other considerations such as public relations. If the corporation negligently enabled the crime, it will likely be a target of litigation, in which case it needs a litigator experienced in fraud. The manager also needs a lawyer, specifically a criminal defense attorney with experience in white collar crime.

Answered about 1 year ago.


Is there an attorney willing to pursue this type of situation or is it too politically charged?: As stated previously, the citizens of Cascade, CO have to foot the bill for the embezzlement of money from the water company. One person was tried and sentenced and although the response I received was correct that since he's in jail retribution is impossible, there were many other people culpable; i.e. the Board of Directors who approved his hire, the Auditor who looked the other way for years, creditors who let the debt mount over the years without doing anything to resolve it. It seems to me these other individuals need to be held accountable for this huge debt not just the "fall guy" who is going to jail so all the others involved can go free.

Asked over 1 year ago in White Collar Crime

David’s answer: In white collar cases, the people who steal the money typically spend it as fast as it comes in. Victims always think the money is hidden off-shore somewhere, but that is rarely the case. This also means that it is unlikely victims will receive much by way of restitution through the criminal court system. However, there are often other parties who negligently enabled the crime. You have named a number of parties who are potentially liable, and an investigation would determine who might be liable and whether they have assets or insurance that would make it worth your effort and money to sue.

Answered over 1 year ago.


Someone created an email address using my name. What are my legal recourses for invasion of privacy?: Someone (and I think I know who) created an email address using my name. Not only does this person visit very inappropriate sites, I also found out this email address was used to access my credit report. I am very concerned about my privacy being invaded as well as possibly using my name to visit these inappropriate websites. What can I do and what is the most cost effective way? I would like to start with a subpoena of that email. Is that possible to do? Thank you.

Asked over 1 year ago in Privacy

David’s answer: First, place a "security freeze" on your credit. A security freeze essentially is a function that prevents your credit report from being reported to third parties, such as credit grantors, except those permitted by law or if you contact the credit agency to temporarily lift the security freeze when you are applying for credit. Second, go to your local police station and make a report of identity theft. Send a copy of the report to the credit reporting agencies. Third, you could consider hiring an attorney to send a cease and desist letter to this person. Fourth, you can consider filing a lawsuit.

Answered over 1 year ago.