• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Unethical Police Officer

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

aceoftrades

Junior Member
I'm not sure if this is the correct category but here goes. I have an 18 year old daughter from a previous marriage. She has lived with me for the last 2 years. When she was young her grandparents (mothers parents) gave her $3000 for college. Her mother and step father (now going through a divorce) put the money into a college fund for her with his (step father) ssn on the account as well as he took care of all finances and investments. She in now in college and attempted to access the funds only to find out that her step father emptied the account 2 months before her 18th birthday taking major penalties with the withdrawal since it was not used for further education. Her mother and step father had been separated for approximately 3 years when the account was emptied. To top it off he is a police detective, is of the mind set that he is untouchable, and should have known how unethical this was. Not sure what recourse my daughter has if any. Any help would be greatly appreciated.
 


xylene

Senior Member
Hire a lawyer on your daughters behalf to sue him for unlawful appropriation of your daughters college trust fund.

None of this has anything to do with him being a police occifer, so get over that point.
 
Hire a lawyer on your daughters behalf to sue him for unlawful appropriation of your daughters college trust fund.

None of this has anything to do with him being a police occifer, so get over that point.
What do you think about a claim for conversion of the daughter's funds?
 
I also would run past the attorney whether it would be wise to file a police report for embezzlement. Being a convicted criminal, while being employed as an officer of the law, probably do not go well together.
 

seniorjudge

Senior Member
I'm not sure if this is the correct category but here goes. I have an 18 year old daughter from a previous marriage. She has lived with me for the last 2 years. When she was young her grandparents (mothers parents) gave her $3000 for college. Her mother and step father (now going through a divorce) put the money into a college fund for her with his (step father) ssn on the account as well as he took care of all finances and investments. She in now in college and attempted to access the funds only to find out that her step father emptied the account 2 months before her 18th birthday taking major penalties with the withdrawal since it was not used for further education. Her mother and step father had been separated for approximately 3 years when the account was emptied. To top it off he is a police detective, is of the mind set that he is untouchable, and should have known how unethical this was. Not sure what recourse my daughter has if any. Any help would be greatly appreciated.
So you're saying this man emptied a bank account that had his name and SSN on it?

What was your question again?
 

xylene

Senior Member
So you're saying this man emptied a bank account that had his name and SSN on it?

What was your question again?
SJ, by that logic if brought my shopping cart to a store and filled it up, do the groceries become mine?

No, of course not. The container doesn't change ownership of that which is within.

The child's grandparent gift college fund does not become because (bizarrely) it is held in an account solely in the step fathers name and ssn.

But I don't by any criminal conversion theory that Almost advanced.

This is a civil matter between an adult child and mom and step dad.
 
But I don't by any criminal conversion theory that Almost advanced.

This is a civil matter between an adult child and mom and step dad.
So you wouldn't file a civil complaint for conversion of the funds, or are you saying you do not by embezzlement, or both?
 

Zigner

Senior Member, Non-Attorney
What proof has been offered that the gift of $3,000 was intended to be put in trust for the child?
 

seniorjudge

Senior Member
SJ, by that logic if brought my shopping cart to a store and filled it up, do the groceries become mine?

No, of course not. The container doesn't change ownership of that which is within.

The child's grandparent gift college fund does not become because (bizarrely) it is held in an account solely in the step fathers name and ssn.

But I don't by any criminal conversion theory that Almost advanced.

This is a civil matter between an adult child and mom and step dad.
A grocery buggy doesn't have a label that says: Belongs to SJ (with my SSN).
 

Zigner

Senior Member, Non-Attorney
Which of course would neatly establish the ownership of the buggy, but not necessarily the contents within.
The (deposit) receipt for the goods pretty much establishes that ;)
Now the other party needs to present proof that the money was intended to be placed in trust for the minor (and not just a gift to the parents).
 

seniorjudge

Senior Member
The (deposit) receipt for the goods pretty much establishes that ;)
Now the other party needs to present proof that the money was intended to be placed in trust for the minor (and not just a gift to the parents).
Correct. Let's put it this way: What evidence would you want that a bank account belonged to someone? Easy, there name and SSN is on the account.

If the account is listed as John Doe, SSN 123-45-6789, then that's who it belongs to.

If it says John Doe as Trustee for Suzi Doe, then you have a different story.
 

xylene

Senior Member
Correct. Let's put it this way: What evidence would you want that a bank account belonged to someone?
It seems this case comes down to whom those funds in that bank account belong.

Her funds don't be SuperCop STBXSdad's money because it is in 'his' account with his SSN and everything...
 

Zigner

Senior Member, Non-Attorney
It seems this case comes down to whom those funds in that bank account belong.

Her funds don't be SuperCop STBXSdad's money because it is in 'his' account with his SSN and everything...
Without proof to the contrary, sure the funds do.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top