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Old 05-11-2019, 10:23 AM
Hotmessexpresz Hotmessexpresz is offline
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Default Embezzlement investigation / asset seizure

Hi. I'm under investigation for embezzlement over $600k. My lawyer received a letter talking about selling assets purchased with those funds. He was talking so fast I can't really remember what he said. But our house is for sale because we can't afford the payments.

I haven't been charged yet.

What do i need to know or do? or not do?

Also - should my husband and I get divorced? Just for financial issues that will arise because of my legal issues?
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Old 05-11-2019, 10:35 AM
ttexrbomb ttexrbomb is online now
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Default Embezzlement investigation / asset seizure

I am so sorry you’re going through this. But remember this. It will end. This will one day be over with.

If you can, pay off as much as you can before being charged. Make it look voluntary. Because after you get charged, the impact of paying off tends to be a little less (since the appearance of you paying off can be seen as an attempt to avoid consequences).

If you love him still and want to stay together, you could possibly do a legal separation and not a divorce. If he has nothing to do with it or didn’t benefit from the crime in any way. But if you’re dealing with the feds, that could be looked upon negatively when and if you are ever charged by a PO. So tread carefully there.

If your husband doesn’t get brought into this, the probation department can bark, but they will have no recourse against him if he isn’t a party to the crime, married, legally separated or divorced.

I filed for legal separation in 2006 (7 years prior to my case). And I brought it up to my P.O. when she wanted her financial statements. She let it go, but there was always that elephant in the room when taking to her about money and assets and such. She made my monthly payments 25%, then 40% of my reported income (because she knew I had access to my wife’s money, even though she never saw any statements). Even though I didn’t separate from her because of the crime I was charged with, it went along with my “way of criminal thinking going way back”...so there’s that.

Also, if you separate and live together, the P.O. will assume you share and have access to your spouses income. When calculating restitution, if you force them to guess, they tend to estimate way too high, so that could hurt you financially.

What I’m trying to say is it there really isn’t a clean cut way to separate him from this unless you divorce and live apart, which I wouldn’t recommend if you still love him.

My recommendation. He’s in this with you, whether he is charged or not. The feds aren’t easily fooled. And legal maneuvers such as separations and divorce will benefit you very little when it comes to this case (and may actually hurt). So stay the course. And take things as they come....with him.

Last edited by ttexrbomb; 05-11-2019 at 10:42 AM..
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Old 05-11-2019, 10:51 AM
yourself yourself is online now
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Basically, what they are saying is that they will seize any proceeds from the sale of the house because the purchase of the house was in some way facilitated by the crime. Further, sale of assets is generally forbidden when those assets were purchased either directly or indirectly with the proceeds acquired through crime.

You really need to set up an appointment with your attorney. Ask for referrals to tax people and a family law attorney and get all available information before you make any decisions.
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