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  1. #1
    LostinWisconsin is offline Junior Member
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    Exclamation What are my rights after being charged for fraud?

    Wisconsin In 2007 I became the victim of identity theft in my online business. From 2007 to 2009 the integrity of the site was compromised multiple times. Resulting in 116 unhappy customers and numerous problems with charge backs. It took two years but I was able to fix the problem. During this time I learned a family member was the cause, one of my children. This same child of mine (adult child) also took out a fraudulent loan against another of my children and wrote a bad check.
    These crimes were done in a way that would appear I was also involved. Last fall I was charged and have been in court now 10 months fighting the charges. I made full restitution for the loan and check within one week of charges being filed. Now I am fully aware the answer would be give them my child’s name. She is 23 a single mom with an infant and this would not be her first arrest – she would be put in prison. For me I have never been arrested and have run my business since 1997 for 13 years without issue until 2007.
    The revelation this was my child crashed my world. I chose to sell the online music store in February 2010 and make major changes in my life once this was over. Little did I know it would only become a million times more terrible.
    The detective who is handling the charges against me took it upon herself to contact the new owner and told him I was going to jail for fraud. This resulted in him claiming the business was fraud and he would no longer honor the debt he owes me of $200,000 for the business. By the way he still has my business and has blocked my access as well as stolen the corporate name. This same detective also contacted the broker who worked for me to sell my business and told me I had been arrested dozens of times and was going to prison; the broker was instructed to return the escrow funds I was owed to the new owner. To date this detective has taken all of my business computers and files (4 months ago) and told all the clients I was currently doing projects for in the new business I started in March after the sale of my online store I was heading to prison.
    She has effectively cost me everything and to date NO CHARGES have been filed against me. What is MY recourse? I have 3 attorneys who I have paid to date over $60,000 and nothing has been done. Please help me – can a detective lie like this without consequence?
    So Lost….What is the name of your state (only U.S. law)?
  2. #2
    FlyingRon is offline Senior Member
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    What makes you think police aren't allowed to lie when doing investigations?
    Further, I fail to see any lie. Maybe a little wishful thinking that you're going to jail, but frankly you are an accessory to the fraud. I know you love your precious little snowflake criminal but if you don't tell your lawyers and likely the police what is going on here, you may indeed go to jail.

    I don't know what you've been telling your lawyers, or paying them to do, but I'd have some serious communication with one about the situation you are sticking yourself in.
  3. #3
    Antigone* is offline Senior Member
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    Quote Originally Posted by LostinWisconsin View Post
    Wisconsin In 2007 I became the victim of identity theft in my online business. From 2007 to 2009 the integrity of the site was compromised multiple times. Resulting in 116 unhappy customers and numerous problems with charge backs. It took two years but I was able to fix the problem. During this time I learned a family member was the cause, one of my children. This same child of mine (adult child) also took out a fraudulent loan against another of my children and wrote a bad check.
    These crimes were done in a way that would appear I was also involved. Last fall I was charged and have been in court now 10 months fighting the charges. I made full restitution for the loan and check within one week of charges being filed. Now I am fully aware the answer would be give them my child’s name. She is 23 a single mom with an infant and this would not be her first arrest – she would be put in prison. For me I have never been arrested and have run my business since 1997 for 13 years without issue until 2007.
    The revelation this was my child crashed my world. I chose to sell the online music store in February 2010 and make major changes in my life once this was over. Little did I know it would only become a million times more terrible.
    The detective who is handling the charges against me took it upon herself to contact the new owner and told him I was going to jail for fraud. This resulted in him claiming the business was fraud and he would no longer honor the debt he owes me of $200,000 for the business. By the way he still has my business and has blocked my access as well as stolen the corporate name. This same detective also contacted the broker who worked for me to sell my business and told me I had been arrested dozens of times and was going to prison; the broker was instructed to return the escrow funds I was owed to the new owner. To date this detective has taken all of my business computers and files (4 months ago) and told all the clients I was currently doing projects for in the new business I started in March after the sale of my online store I was heading to prison.
    She has effectively cost me everything and to date NO CHARGES have been filed against me. What is MY recourse? I have 3 attorneys who I have paid to date over $60,000 and nothing has been done. Please help me – can a detective lie like this without consequence?
    So Lost….What is the name of your state (only U.S. law)?
    So why did you make resititution and not give up your lying thief of a daughter. Covering up for her is wrong ~ and that is completely on you. She made big girl-decisions, she should account for her big-girl decisions.
  4. #4
    Dillon is offline Senior Member
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    Quote Originally Posted by LostinWisconsin View Post
    The detective who is handling the charges against me took it upon herself to contact the new owner and told him I was going to jail for fraud. This resulted in him claiming the business was fraud and he would no longer honor the debt he owes me of $200,000 for the business.

    if me, i would not admit to fraud, but thats me. you have a right to remain silent, why not exercise it?

    if me, i might file a complaint with the department against the detective for malfeasence

    Malfeasance Means; hostile, aggressive action taken to injure a persons interests.

    the detective is liable for her actions that caused financial injuries to you. its was unreasonable for her to tell the new owner what she did.
    Last edited by Dillon; 10-26-2010 at 07:52 PM.
  5. #5
    Antigone* is offline Senior Member
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    Quote Originally Posted by Dillon View Post
    you have a right to remain silent, why not exercise it?
    Learn to spell,

    Children should he heard and not seen ~ DILLON!
  6. #6
    Dillon is offline Senior Member
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    Quote Originally Posted by Antigone*of*Greece View Post
    Learn to spell,

    Children should he heard and not seen ~ DILLON!
    thanks, youre my spell check. LOL

    what do think about my post, pretty good huh?
  7. #7
    LostinWisconsin is offline Junior Member
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    Thank you Dillon. I made restitution because I could afford to do so. I have kept silent and pleaded not guilty. I have a jury trial on the 3 of November and feel confident in the outcome. My question comes from the events that occured after I sold my business. To date I have not been charged with anything - the seizure of my property was on June 4th and the property has not been returned. The man who purchased my business was to make his first payment to me one week after the search and seizure happened. He has not made any payments and I am now suing him in civil court for the $200,000 he owes me.

    For the others who posted (you know who you are)

    I am fully aware this is free advice. If you only have comments on my child or parenting skills or want to call names please find another option to vent…
    I am fully aware of my faculties and maybe it will help you feel better to know she lost her family as we do not speak with her – her consequences are immense. If at one point in my 40+ years on this earth had I ever heard of an actual “rehabilitation” in our system the choice would be obvious. Let me also add my brother is a Captain in a prison in Wisconsin; 18 years and counting, my opinion has been shaped from his opinion of the “system”. I am afraid I do not think it is possible to throw a person in a cage subjected to inhumane conditions and call it rehabilitation.
    If you feel you have an intelligent reply regarding my question if a peace officer is legally obligated to refrain from slander I would appreciate your feedback. Thank you in advance of your respectful communications.
    If a law enforcement officer has told several members of the public another citizen has been arrested and charged “dozens” of times for fraud when in fact said citizen has had 1 speeding ticket at age 20 in 1990 and now am in the system proving my innocence of a charge of fraud (innocent until proven guilty – ring a bell?)
    Thank you. M
  8. #8
    Isis1 is offline Senior Member
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    Well, best thing yo do then, is come back next week, and let us know if you feel the same way after being found guilty.

    I'm just not a person to go down for anyone. I will rat you out so fast...my husband found out the hard way i won't lie for him.
  9. #9
    LostinWisconsin is offline Junior Member
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    My attorneys are fully aware and I will not testify. The handwriting expert will testify it is not my signature. If the detective given the case chose to only focus on me shame on her for lousy investigation skills. I will be found innocent.

    Again please save comments to the actual question I posed. I have better things to waste my time on then anothers' anger issues. Peace!
  10. #10
    Isis1 is offline Senior Member
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    Quote Originally Posted by LostinWisconsin View Post
    My attorneys are fully aware and I will not testify. The handwriting expert will testify it is not my signature. If the detective given the case chose to only focus on me shame on her for lousy investigation skills. I will be found innocent.

    Again please save comments to the actual question I posed. I have better things to waste my time on then anothers' anger issues. Peace!
    Look, i'm just telling you this to be honest. Really. No anger involved. But, here's the thing. You, nor your attorney, should be relying on anyone's incompetence in order for you to succeed. That's just the reality of it.

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