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Statutes of Limitation starts when the crime is discovered not when it happened ?

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Taxing Matters

Overtaxed Member
Understood. :)

The link I previously provided includes both.
Right, but because the OP asked about what starts the criminal statute of limitations, I wanted the OP to be clear on that. The rules for criminal and civil statutes of limitations are different, and it can be easy to get confused.
 


quincy

Senior Member
Right, but because the OP asked about what starts the criminal statute of limitations, I wanted the OP to be clear on that. The rules for criminal and civil statutes of limitations are different, and it can be easy to get confused.
Fair enough. :)
 

travistee2

Active Member
I see that giving someone an opportunity to return stolen money or I would report the crime to police ( or AG) would be blackmail or extortion.
So I can't give her a choice to prevent me from reporting it to the AG.

IF that is the case then most of what I was trying to find here is answered. SOL doesn't matter.

Too bad there is no way for me to give her a warning before completing my complaint to the AG.
The risk to her license is what the negotiation would have been about.

I think it belongs with the AG and not the Medical Board.

Interesting that there is no way to ask for stolen money to be returned without it becoming a crime to ask for it.
If a thief robs me in the street I can report it to the police but I can't tell the thief I will do so if they don't return the money.???

Any other ideas?
 

quincy

Senior Member
I see that giving someone an opportunity to return stolen money or I would report the crime to police ( or AG) would be blackmail or extortion.
So I can't give her a choice to prevent me from reporting it to the AG.

IF that is the case then most of what I was trying to find here is answered. SOL doesn't matter.

Too bad there is no way for me to give her a warning before completing my complaint to the AG.
The risk to her license is what the negotiation would have been about.

I think it belongs with the AG and not the Medical Board.

Interesting that there is no way to ask for stolen money to be returned without it becoming a crime to ask for it.
If a thief robs me in the street I can report it to the police but I can't tell the thief I will do so if they don't return the money.???

Any other ideas?
This “theft” of money is because the psychiatrist did not come to the assessment you wanted? Or do you believe you were overcharged?

If you believe you are due a refund, reporting the psychiatrist to the medical board is better than reporting the psychiatrist to the Attorney General.

But it sounds as if a complaint to the police is not the route to take.

Good luck.
 
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Taxing Matters

Overtaxed Member
I see that giving someone an opportunity to return stolen money or I would report the crime to police ( or AG) would be blackmail or extortion.
That depends on the applicable state law and the circumstances. NJ's extortion statute is NJ Statute 2C:20-5. It is like the extortion law of a number of other states. There are several different acts that may amount to extortion, among them the act of threatening to make a criminal complaint unless the victim pays what you demand. However, there is an important exception to that, which is found at the end of the statute:

It is an affirmative defense to prosecution based on paragraphs b, c, d or f that the property obtained was honestly claimed as restitution or indemnification for harm done in the circumstances or as lawful compensation for property or services.

That provision covers the situation you mentioned:


If a thief robs me in the street I can report it to the police but I can't tell the thief I will do so if they don't return the money.???
In that particular situation it would not be extortion because you are asking for return of the stolen property, and that stolen property would be the subject of the criminal complaint. You need to have a lawful claim to the money you are seeking from the other person and the criminal complaint would have to be connected with that claim. Here, the person is stealing your property and you have a legal claim for its return, and your criminal complaint would be about the failure to return it.

So I can't give her a choice to prevent me from reporting it to the AG.
No, you can't because as I understand it you want to report her for what you claim to be misrepresentations about her qualifications and you don't see to have any legal claim for money against her related to that. You'd certainly want to consult a criminal law attorney before making any such demand of her.
 

quincy

Senior Member
You might want to read through the agreement you signed with the psychiatrist to find the clause about fee disputes and how to handle them.
 

travistee2

Active Member
Thanks for your useless guess. Thats not it. The actual money issue is not what the issue is.
I was not her patient. haha.
You have the rilght to post any useless junk you want. haha
as usual for you .HAHA
 

Zigner

Senior Member, Non-Attorney
I don't think this is about money, folks. Despite the OP's claims that he's looking out for the welfare of the public at large, I think this is simply a jilted lover who can't let her go.
 

cbg

I'm a Northern Girl
I was wondering if it was someone going through either a divorce or a custody battle who was hoping to discredit their ex and didn't get the response they wanted.
 

quincy

Senior Member
Thanks for your useless guess. Thats not it. The actual money issue is not what the issue is.
I was not her patient. haha.
You have the rilght to post any useless junk you want. haha
as usual for you .HAHA
I appreciate the thanks. Good luck.
 
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