Husband reports Band Account tampering of wife

[Sokols]

What is the name of your state (only U.S. law)?CA
In June of 2008 my husband discontinued direct deposit into his and mine joint bank acccount and opened up a new cking account in his name only. I am his wife and I was able to access online the joint accounts and mortgage accounts which were also linked to my husbands new accounts that he created. from 6/2008 to 6/2009 I was able to view his transactions via internet. Large sums of withdrawls took place. Divorce proceeding were filed in Feb 2009. We were never officially legally separated and the divorce should finally be settled by Oct 2011. During the preceding it was known that I was able to have access to view this accts and now my husband filed a criminal police report. The police detective wants to talk to me. What are my legal rights as his wife at the time of viewing his bank account. Can I get into trouble?

 

[CdwJava]

If you had permission to view "his" accounts, then there should be no problem whatsoever. If you unlawfully accessed the accounts through fraud, forgery, or some form of unlawful computer access, you might have committed a crime.

You might want to consider speaking with an attorney regarding the divorce proceedings and this issue as there might be some criminal culpability depending on the details.

I suspect this is going to be seen as a civil matter. But, you never know ...

 

[tranquility]

Sure. Police detectives don't come to tea to discuss the quality of the biscuit.

See an attorney.

Don't say anything. ANYTHING about this to the police. (Or, to anyone else for that matter.)

Even though don't talk to the police is always important when a suspect in a crime, here it is even more important because of a potential privilege.

See CA evidence code section 980.

 

[Sokols]

So either though we were married I can't look at bank accounts or stmts of my husbands, even if they were tied to joint accounts.?

 

[tranquility]

The law is complex. If you exceeded your access, then, yes. But, most everyone commits some crime most days (according to three books written by three different appellate justices), so in the abstract, I wouldn't worry about it.

But, this is not the abstract, this is real. Once the government takes notice of ANY action you do, if that notice is to talk with you regarding you being a suspect you best take it seriously. They don't have the time to waste if they are not looking at something they might act upon.