Is there a statute of limitations on embezzlement

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Guest: Okay. I just have a question. Is there a statute of limitations on embezzlement

Mark: yeah,

Guest: there is?

Mark: Yes. Generally. Uh, which are you talking about? Criminal embezzlement.

Guest: Oh, well it’s my family’s inheritance. Let’s go to bed by my brother. Find my share of it. [inaudible] with my dad left it.

Justin: Okay. When did that happen?

Guest: Well, my dad’s been [dead since] July two years ago. That’s when we all got our check. But he started doing it over and over again and it was in his name, my share was in his name And I would say a year ago it was all gone. I mean, I kept some of it. I used some of it. I told him to stop taking the money, give it to my sister, and he told me no, he had the right to just clean out the rest of it. That was been 17 grand. I would say that was about a year ago.

Mark: Well then you should be generally fine with, um, the statute of limitations. I mean, usually you’re looking at roughly six years for fraud, which is version,

Justin: something like that, right?

Mark: Yeah. Which is

Guest: now, what did you say sir?

Mark: Usually you’ve got about six years and there’s something also called the discovery rule where you can extend the statute of limitations if someone is doing something and hiding it from you. So you don’t know like if you reasonably couldn’t find out what’s going on, you can also get an extension. But it sounds to me like if you’re dealing with two or so years at the outset, you should be in fairly good shape. Statute of limitation wise

Justin: there’s no point in waiting now you know about it. Yeah. Either get on and do something or you know, let it go and move on.

Mark: Or You knew about it immediately when you told your sister, you know as soon as you said stop doing this, that’s when the meter is running.

Justin: So get in and do something. If you want to talk about it more, give me a call on Monday and we’re happy to, to discuss it with you ok? I mean, statute of limitations stuff comes up all the time, and that’s the worst conversation we have to have with people as, Oh yeah, I knew about this. I didn’t do anything. And we’ve got to tell him, youre a day late, youre a week late or whatever it might be, youre 10 years late, you had a great claim, but you don’t know because you waited too long.

Mark: Yeah. Or people do it wrong. They do it. We had a – Justin and I had a case where this person could have feasibly had money or had land worth a lot of money that was, uh, somewhat destroyed. To make a long story short, he sued himself, didn’t do it right, and then he was barred from suing again. So we couldn’t go fix something that would have feasibly been his retirement

Justin: happens, happens all the time.

Mark: Don’t do it yourself and don’t wait.