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  #1  
Old 02-11-2005, 02:33 PM
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Join Date: Feb 2005
Posts: 26

Statue of Limitation


What is the name of your state?
California
I was arrested in 2003 for employers workers comp fraud. (Failure to report all earnings to comp.) The charges were dba. as a corporation and included years 1995 to 2000. I did not dba. as a corporation until late 1998. Would they not have to drop the charges for the years prior to being a corporation since the listed charge is dba. a corporation. This is a seperate entity in CA. Penal code 801 says the statute of limitation is 3 yrs. Would they not also have to drop the charges on prior to 3 years of the filing.
  #2  
Old 02-11-2005, 02:57 PM
seniorjudge
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I've re-read your post three times.

Tell me WHO is getting charged for WHAT?
  #3  
Old 02-11-2005, 03:23 PM
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Join Date: Feb 2005
Posts: 26

seniorjudge


Quote:
Originally Posted by seniorjudge
I've re-read your post three times.

Tell me WHO is getting charged for WHAT?
The defendant is my wife and myself dba. xxxxxx inc.
the charge is "insurance code section 11880(A)
Count 1 is 1995
Count 2 is 1996
Count 3 is 1997
Count 4 is 1998
Count 5 is 1999
Count 6 is 2000
  #4  
Old 02-11-2005, 03:32 PM
seniorjudge
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Quote:
Originally Posted by by0b
The defendant is my wife and myself dba. xxxxxx inc.
the charge is "insurance code section 11880(A)
Count 1 is 1995
Count 2 is 1996
Count 3 is 1997
Count 4 is 1998
Count 5 is 1999
Count 6 is 2000
You can't dba as a corporation; thus the charges against y'all as individuals.

(I am assuming you have NOT formed a corporation and filed papers and stuff with the state.)

As far as the SOL question, I do not know when the statute starts running so I cannot answer that.
  #5  
Old 02-11-2005, 03:35 PM
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seniorjudge


Quote:
Originally Posted by seniorjudge
You can't dba as a corporation; thus the charges against y'all as individuals.

(I am assuming you have NOT formed a corporation and filed papers and stuff with the state.)

As far as the SOL question, I do not know when the statute starts running so I cannot answer that.
Are you saying the way the charge was written may have some grounds in our favor.
We did form a corporation in 1998 legally

Last edited by by0b; 02-11-2005 at 03:38 PM.
  #6  
Old 02-11-2005, 03:43 PM
seniorjudge
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I give up.

I do not understand what you are talking about.
  #7  
Old 02-11-2005, 03:47 PM
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Join Date: Feb 2005
Posts: 26

seniorjudge


Quote:
Originally Posted by seniorjudge
I give up.

I do not understand what you are talking about.
We were a selfproprietor until 1998 and then incorporated.
The actual charge against us, list our personal name dba xxxxx inc.

Last edited by by0b; 02-11-2005 at 06:00 PM.
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