CdwJava
Senior Member
The options here could very well be that you either accept to be a part of the mess he's made, or take the risk that he might go to jail. However, I'm not entirely sure he's committed a crime.
In the alternative, you can just sue him for your damages in small claims court ... but, that'll be interesting because you'll be suing him for assets that could already half yours.
Is he withdrawing funds from an account that is wholly in your name and he is not part of? If he is merely depositing funds, then I don't see an obvious crime. Has he ever had access to the account with your permission? Did you have the account prior to being married? Does the account contain finds that are entirely from your employment without input from him?
Filing the appropriate affidavit and reports will do just that.
So that he does not have legal access. If he has committed fraud to obtain access, then the police have to look into it. If the banks simply took your word for it that they were ripped off, just imagine the scams that people could play on them!
Who says they are protecting the lenders? The lenders are likely victims here as well. If he provided them with false information, and they lose money as a result, they can always seek to have him prosecuted or sue him. Unfortunately for you, if you are married, that ties your assets in as well. Community property can be a heck of a thing.
If you had - and continue to have - so little faith and trust in your husband, you should have left him because clearly this marriage was a sham.
Wells Fargo did not force your husband to provide your account data to the loan people nor did the bank authorize the withdrawal of funds. If your hubby did that then HE alone is responsible for these acts.
It's not important to any of us. But, we understand that the banks have to be protected from fraud and this is one way to do it. Otherwise, people could run scams like this on them every day. We don't care if the police arrest him or not. But, the bank will feel more comfortable if the police are looking into the matter as a crime. It is my understanding that they can seek compensation or at least ome tax break for losses due to criminal acts, so it also helps them.
Wells Fargo has said what needs to be done for them to look into refunding your money (if they will). They are not requiring he be charged or arrested, only that a report be made. The police may see it as a civil matter and not a criminal one.
