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embezzlement?

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jrstiglich

Junior Member
What is the name of your state (only U.S. law)? What is the name of your state (only U.S. law)? ilinois
I have had my father manage my investments for most of my adult life. he set up IRA s for all of us kids. He is primary account holder for these investments. about a year ago I sold my condo to move in with my boyfriend. I gave the profits to my father to hold onto. I told him that I wanted some invested and some cash to use for student loans and other personal things. without my consent he put it all (almost $100,000) into an IRA in my name. This is due to the fact that he found out that I am gay and he thought I was making a mistake by moving in with my boyfriend. I eventually decided to withdraw a portion and take a hit with penalties. I needed to start paying some student loans and plan for my future with my new life partner. Over the last few months I have struggled to get the money moved to my bank account. There were many unexplained delays and missing deposit. It was finally revealed that my father interfered. He caused the delays and eventually diverted the deposit to himself. He believes that he is protecting me from making a mistake with spending money on anything that has to do with my life with my boyfriend. What kind of legal rights do i have and what course of action can I take to get my money back?
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? What is the name of your state (only U.S. law)? ilinois
I have had my father manage my investments for most of my adult life. he set up IRA s for all of us kids. He is primary account holder for these investments. about a year ago I sold my condo to move in with my boyfriend. I gave the profits to my father to hold onto. I told him that I wanted some invested and some cash to use for student loans and other personal things. without my consent he put it all (almost $100,000) into an IRA in my name. This is due to the fact that he found out that I am gay and he thought I was making a mistake by moving in with my boyfriend. I eventually decided to withdraw a portion and take a hit with penalties. I needed to start paying some student loans and plan for my future with my new life partner. Over the last few months I have struggled to get the money moved to my bank account. There were many unexplained delays and missing deposit. It was finally revealed that my father interfered. He caused the delays and eventually diverted the deposit to himself. He believes that he is protecting me from making a mistake with spending money on anything that has to do with my life with my boyfriend. What kind of legal rights do i have and what course of action can I take to get my money back?
Why did you post this again?
 

dlavergne

Junior Member
Hire an attorney that specializes in investment fraud

IRA's are Individual Retirement Accounts and dont have primary or secondary account holders-they only have primary or contingent beneficiaries and only the account owner makes investment decisions not beneficiaries. Hire an attorney to write your father a letter and let him know that what he is doing is illegal and immoral. If he opened the account and signed your name to the application-that is fraud-if he took money out of the account while pretending to be you-that is fraud-he can make contributions for you-that is not fraud but if he intercepts your distributions-that is fraud.Then have the attorney call him and ask your father how he would like to handle the matter-privately and discreetly or in the courts. That usually makes things go very smoothly for you.
 

jrstiglich

Junior Member
sorry about the repost...I was unsure of how to classify the situation. I just wanted to find out what rights I had if he was on the account and has access. Thanks for the reply
 

anteater

Senior Member
I'm guessing there is nothing that would allow a $100k contribution under any circumstances but hey I'm only a tax guy. :rolleyes:
Head scratching :confused: about that was over in the duplicate post.

Sorry, Dave... But you must have skipped "Advanced Techniques of Creating a Mess 101." :D
 

davew128

Senior Member
Sorry, Dave... But you must have skipped "Advanced Techniques of Creating a Mess 101." :D
Nope. I've got one right now created by that worst of all professionals, the bookkeeping CPA who knows a little bit (but not enough ) about tax to make a mess by trying to be creative without understand WTF he was doing.
 

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