QUESTION

Is it possible to recover money that was obtained by fraud after 9 years? Can the person still be prosecuted?

Asked on Dec 10th, 2012 on Civil Litigation - Mississippi
More details to this question:
A relative forged documents to get money from a deceased relative and sold his property and did not split the money fairly among those who were entitled to it. She also lied and and said the relative did not have any heirs when in fact he did. Interested in recovering money as well as having the relative prosecuted. Relative who committed crime lives in Minnesota, theft took place in Mississippi where deceased owned property and died.
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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The state of limitations on fraud generally starts to run when the plaintiff first learns, or with reasonable diligence should have learned, of the fraud. The limitation period may be extended if the defendant conceals her wrongful acts. It is not possible to tell from your facts when the limitation period may have run. You should consult with an attorney in Mississippi, whose law applies, to see whether the limitation period may have been "tolled" (suspended) while the fraud remained undiscovered. It is extremely unlikely that the related crime, if indeed one was committed, remains prosecutable, and you have very little chance of recovering money -- which is your objective -- from someone in jail or who has just handed over thousands of dollars to her criminal defense counsel.
Answered on Dec 10th, 2012 at 11:09 AM

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