Blackmail, Extorsion, Felony Insurance Fraud and More

[UltimateVipe]

What is the name of your state (only U.S. law)? Ohio
So my wife goes to therapy with her parents. Now I don't go because her parents don't like me. Now here is the issue. During one of the sessions my wife told them that 10 years ago when their car had gotten wrecked, she told everyone she was driving, to protect her parents because it had actually been one of her friends that had expired temperary permitts. It was her parents car and parents insurances. It had gone to trial her and her friend stuck with the she was driving story. Her friends and the lady that was struck turn around and sued her parents insurance for damages/medical bills. Their insurance covered everything they didn't have to pay anything. Her parents went to their lawyer with this information and came back with a note telling my wife to leave me forever or they would turn her into the insurance company for insurance fraud, which due to interest and penalties accrued over 10 year time to almost $200,000 which is a 3rd degree feloney with no statute of limitations which would be full restitution and 5 years in jail. They told her to call their lawyer and BEG him to represent her so that he could plea bargin her out of it, if her parents did go ahead and decide to pursue it and bring it up to the insurance company, if she didn't leave me.

1. Can information learned in a threapy session be used like this?
2. Is the use of information learned this way, being used like this blackmail/extorsion?
3. Would the amount be just the original amount that was paid out or do you include interest/penalties for the felony level?
4. Would this be a 3rd degree felony with no statute of limitation?
5. Could the same lawyer be allowed to represent both her and her parents in this situation?

 

[justalayman]

here is the statute of limitations for prosecuting crimes. From what I see, the crime you asked about has a 6 year statute of limitations.

Lawriter - ORC - 2901.13 Statute of limitations for criminal offenses.

while a professional my not be able to use information obtained in a therapy session, the parents are not bound by the same restrictions.

2. Is the use of information learned this way, being used like this blackmail/extorsion?

yes

5. Could the same lawyer be allowed to represent both her and her parents in this situation?

what would the parents need a lawyer for?

 

[Mass_Shyster]

5. Could the same lawyer be allowed to represent both her and her parents in this situation?

No this would be a clear conflict of interest.

The parent's interest (although apparently illegal) is to have the daughter charged with a crime, and sued civilly by the insurance company.

Daughter's interest is exactly the opposite.

A lawyer cannot represent two parties with opposing interests in the same matter.

Assuming this is related to the other question you asked, daughter should seek her own attorney, and stop going to therapy with parents who are willing to sue her for information revealed in those sessions.

 

[BOR]

here is the statute of limitations for prosecuting crimes. From what I see, the crime you asked about has a 6 year statute of limitations.

Lawriter - ORC - 2901.13 Statute of limitations for criminal offenses.

Yes, but there is additional law:

(F) The period of limitation shall not run during any time when the corpus delicti remains undiscovered.

(G) The period of limitation shall not run during any time when the accused purposely avoids prosecution. Proof that the accused departed this state or concealed the accused’s identity or whereabouts is prima-facie evidence of the accused’s purpose to avoid prosecution.

Especially concerning (F), it "may" be possible to argue such as a tolling statute. That of course, is for the Attorney's to battle out.

 

[BOR]

2. Is the use of information learned this way, being used like this blackmail/extorsion?

Probably not, as no consideration of value is at stake, but that would take some case law research on the Extortion statute. It would be though, NOT reporting a felony themselves, which is a Misdemeanor of the 1st degree. If they implicate her, they can be charged themselves with an M-4, if the Prosecutor wishes.

3. Would the amount be just the original amount that was paid out or do you include interest/penalties for the felony level?

That may take some research also, but I will say with a fair probablity, the felony level amount is the ORIGINAL sum.

 

[justalayman]

Yes, but there is additional law:

(F) The period of limitation shall not run during any time when the corpus delicti remains undiscovered.

(G) The period of limitation shall not run during any time when the accused purposely avoids prosecution. Proof that the accused departed this state or concealed the accused’s identity or whereabouts is prima-facie evidence of the accused’s purpose to avoid prosecution.

Especially concerning (F), it "may" be possible to argue such as a tolling statute. That of course, is for the Attorney's to battle out.

dammit. I read right over those for some reason.

So, by whom must if be discovered to initiate the running of the clock?

 

[BOR]

dammit. I read right over those for some reason.

So, by whom must if be discovered to initiate the running of the clock?

(F) The period of limitation shall not run during any time when the corpus delicti remains undiscovered.

The insurance company is not aware fraud was perpetrated against them until it is reported, so IMO, the "body of the crime" remains undiscovered.

Here they obviously believe the claim was valid.

Say an assault take place, and the SOL is 2 years, the body of the crime (evidence) is reported when it happens for arguments sake. Then, if the police can not find the person in that amount of time, they will most undoubtedly walk, unless other factors toll the statute somehow.

Now, as you know, I am not a lawyer, I am just saying it is possible that until the insurance company finds out they were a victim, the SOL is tolled due to the undiscovered corpus delicti.

 

[justalayman]

Now, as you know, I am not a lawyer, I am just saying it is possible that until the insurance company finds out they were a victim, the SOL is tolled due to the undiscovered corpus delicti.

I've got faith in your interpretations in general.

and what are you doing at the library on Christmas eve?

Have a Merry Christmas!!!

 

[BOR]

I've got faith in your interpretations in general

.

Much obliged Tex.

and what are you doing at the library on Christmas eve?

At a friends.

Have a Merry Christmas!!!

Same you you my board friend.