There are many ways to deal with the situation that you present that would NOT involve you going to jail. Of course I do not know what types of "property" we are talking about. Without knowing the value and nature of the property I cannot give you detailed expectations. However, I can tell you that you have options of explaining what happened (through your attorney!!) or remaining silent to protect your brother. Obviously there are consequences to both you and your brother depending on how you choose to proceed. If I were to represent you, I would first want to establish your position with respect to your brother. Once we established that, we could then decide on a course of action. The one thing that I can tell you now and without reservation, DO NOT SPEAK TO THE POLICE OR THE PROSECUTER without first speaking with an attorney. You could intend to explain that your brother scammed you and still incriminate yourself and your wife without meaning to. It is ALWAYS advisable to speak with an attorney before speaking with police. Most lawyers, in almost all cases, will tell you NOT to speak with the police anyway.
Answered on Jan 15th, 2013 at 12:15 PM