Stolen Antiques

[Steerforth]

What is the name of your state (only U.S. law)? California

This happened about six years ago, so I am also wondering about the statute of limitations. It's one of those incidents that happens to you during a lifetime for which you feel you need revenge of some kind.

I owned a home in Mexico and loaned it on occasional weekends to an acquaintance who lives in Southern California. We had a falling out while he was in Mexico, and he managed to steal several valuable antiques (family heirlooms) from my home that he took across the border to his home in California. He had admired the antiques many times before. I filed police reports in Mexico and in California, but, of course, there was no way I could obtain a search warrant for his home.

If I could prove by trickery that the antiques are in his home, would I be able to pursue it legally at this point? The fact that he violated an agreement of trust between us riles me to no end!

Thanks!

 

[CdwJava]

This happened about six years ago, so I am also wondering about the statute of limitations. It's one of those incidents that happens to you during a lifetime for which you feel you need revenge of some kind.

I owned a home in Mexico and loaned it on occasional weekends to an acquaintance who lives in Southern California. We had a falling out while he was in Mexico, and he managed to steal several valuable antiques (family heirlooms) from my home that he took across the border to his home in California. He had admired the antiques many times before. I filed police reports in Mexico and in California, but, of course, there was no way I could obtain a search warrant for his home.

If I could prove by trickery that the antiques are in his home, would I be able to pursue it legally at this point? The fact that he violated an agreement of trust between us riles me to no end!

Thanks!

The issue of the theft is one for the Mexican authorities. I wouldn't count too much on that. However, you might want to consider reporting this to the local authorities where the goods are potentially being stored and seeing what they have to say. The standard SOL is three years for most felonies in CA, but there might be some extenuating circumstances that could be applied.


- Carl

 

[Steerforth]

The issue of the theft is one for the Mexican authorities. I wouldn't count too much on that. However, you might want to consider reporting this to the local authorities where the goods are potentially being stored and seeing what they have to say. The standard SOL is three years for most felonies in CA, but there might be some extenuating circumstances that could be applied.


- Carl

There is a CHP station about a mile from this guy's home in the desert; that's where I filed a report and was told I didn't have the evidence to obtain a search warrant. I filed a report with the Mexican police, too, but they can't do anything.

What made me think of this today was that I saw a similar antique typewriter in an office supply store; it is very valuable, and mine was even older and in better shape. He also stole an antique microscope and bell-jar cover. Today's experience has raised my blood pressure and the revenge factor once again.

The guy who stole them has a beautiful home and has quite an ego. He's Mexican, and I have loads of bilingual friends. I had thought of setting up a sting by having someone call him and pretend that a new magazine is photographing beautiful homes in the desert, etc.

Once the team ("reporter and photographer" ) get inside of his home, they'll be able to photograph the stolen items, which I KNOW are there. Also, I have the original cases for both the typewriter and the microscope.

With their testimony and the photographs, would I have any legal recourse?

Again, the antiques are located in this guy's home in Southen California, not Mexico.

Yes, I know it's been over five years, but the thought of this guy turns my stomach every time I think about the incident. It was a betrayed trust.

Thanks again!
Steerforth!~

 

[CdwJava]

There is a CHP station about a mile from this guy's home in the desert; that's where I filed a report and was told I didn't have the evidence to obtain a search warrant. I filed a report with the Mexican police, too, but they can't do anything.

Unless you actually saw the stolen property in the suspect's house, or can produce someone who will admit to seeing it in there, then there is nothing much that can be done. Plus, the property would have to be sufficiently identifiable (unique) that the witness could convince a judge that the property is likely yours.

What made me think of this today was that I saw a similar antique typewriter in an office supply store; it is very valuable, and mine was even older and in better shape. He also stole an antique microscope and bell-jar cover. Today's experience has raised my blood pressure and the revenge factor once again.

Have you consulted any civil attorneys in an effort to sue them? It might be too late to do so, but that will depend on the details.

The guy who stole them has a beautiful home and has quite an ego. He's Mexican, and I have loads of bilingual friends. I had thought of setting up a sting by having someone call him and pretend that a new magazine is photographing beautiful homes in the desert, etc.

That's a possibility. Though I would recommend seeing if the police would be willing to do this. if not, then maybe a private investigator.

With their testimony and the photographs, would I have any legal recourse?

It might be sufficient evidence for a search warrant. But, the grounds necessary for a successful civil suit are a lot less.

Again, the antiques are located in this guy's home in Southen California, not Mexico.

Yes, but the THEFT apparently occurred in Mexico. What you would be going for is possession of stolen property (a violation of Penal Code section 496).

Yes, I know it's been over five years, but the thought of this guy turns my stomach every time I think about the incident. It was a betrayed trust.

If you have known about this for all that time, then I suspect the SOL has expired for both the theft and any civil action. But, it would be best to consult an attorney to find out for sure based upon your unique circumstances.


- Carl