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what a mess!!

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stephen123

Guest
please help!!!

I am finished my 24 month sentence after pleading guilty to conspirarcy to commit securities fraud. It was a federal case and the judge imposed a hefty restitution. He ordered 10% of my gross income until it is paid.
My question is if I save money in my new career is that frozen, taken away, and put towards the judgement. If I receive assets from an inheritence what happens. What happens with my personal life insurance if I pass away, does my family get the money or does it go towards the restitution. How would my estate now and in the future be affected if at all.

I also have civil judgement against me for a much smaller amount, is there a statute of limitations on that. Because I figure the Federal government will want there money first before the other guy, but with the amount of restitution I don't think I'll finish until 2126.

If you can also give me the type of lawyer that might specialize in this type of work. My criminal lawyer was of no help.

Thank You:
 


ALawyer

Senior Member
This is a mess you got yourself into and I can't have much sympathy as there are lots of guys out there without money as a rsult of your fraud.

But in terms of the civil judgment, it remains open until satisfied, although there often is a statute of limitations on the ability to enforce it in other states, etc. (20 years is common). The amount owed on it, plus interest, is an obligation of you and your estate after you. If you inherit money, it could be attached to satisfy the judgment.

Given the complexity with insurance, the only thing I can say is if you were the insured but not the policy owner, and your estate was not the beneficiary (say your wife owned the policy and paid the premium on it from her money), and if she and the kids are beneficiaries, a creditor would have no right to those proceeds.

As far as the court ordered restitution and penalties, I do not know how it works. I would imagine the terms of the order control the details of operation, and you may need a lawyer who is an expert in white collar crimes where restiution is often ordered.
 

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