July 29, 2011
White Collar Crimes in Richmond, Virginia: Defending Against Embezzlement Charges
Charged with taking more than $10,000, a Richmond police officer was indicted July 20, for money he diverted from the Richmond Coalition of Police, Richmond Police Athletic League and a fundraiser for a fellow officer. Earlier this year, the Goochland County Treasurer, admitted to the local Sherriff that she had taken up to $135,000 from the County. A former employee of the Richmond school district plead guilty to stealing $15,000 of federal grant money intended for the Even Start education program.
While none of these individuals’ thefts come anywhere near the $50 million Ponzi scheme of Bernie Madoff, they are all examples of white collar crimes happening right here in Richmond. Whether out of an intention to deprive or because they did not understand that what they were doing was wrong, each act was a white collar crime: embezzlement.
What is Embezzlement in Virginia?
Embezzlement, generally, is the wrongful or fraudulent use, disposal or concealment of funds in any form that were received for someone else, for an employer or that were otherwise entrusted to the person who wrongfully used them. Embezzlement is deemed to be larceny by Virginia statute and is punished accordingly.
Embezzlement is one of a variety of crimes considered to be a ‘white collar crime.’ Other white collar crimes include securities, wire, bank or computer fraud; identity theft; theft of government property by fraud or deception; and computer hacking.
When Do You Need a Richmond Criminal Defense Attorney?
If you’re being investigated for embezzlement, it’s very likely that you know the investigation is occurring. You should not wait until you are charged with a crime to contact an attorney. Anything that you share with the police may eventually be used against. The best thing you can do is to remain silent and contact an experienced Richmond white collar crimes defense attorney as soon as possible.
It’s important to start building your defense as soon as the police begin building a case against you.
Source: Ex-Richmond school employee embezzled grant money for needy families; Goochland County can recover embezzled funds through bond, insurance; Richmond police officer indicted in embezzlement case
June 30, 2011
Dividing Assets Before Divorce… Even Before Marriage
More weddings occur during the month of June during any other month. Unfortunately, that doesn’t necessarily mean that April and May see more visits to Virginia family law attorneys to discuss the benefits of a prenuptial agreement.
A prenuptial agreement is an important asset protection and planning tool for everyone considering marriage. Many couples are waiting longer to get married; have established careers, own a home or have accumulated substantial liabilities. Others may have previously been married and have children from their first marriage. When established properly prior to marriage, a valid prenup can protect what you have worked hard to build, including your family and your assets.
Of course, no one entering marriage wants to plan for the marriage to fail, but financial disputes are one of the key reasons that marriages end in divorce. Answering tough financial questions prior to the marriage may in fact make your marriage more likely to succeed.
Planning for the Future Does Not Mean Planning for Divorce
A prenuptial agreement, when drafted and executed properly, can determine issues related to assets and property while you and your soon-to-be-spouse are not pressured by the stress and emotion of a divorce. But, there are several pieces to an effective prenup, including:
- The agreement must be in writing and signed by both parties.
- Both parties must have entered into the agreement voluntarily. If one party is coerced into signing, the agreement may be invalidated.
- Each person must be given a full picture of the others assets and debts. Hiding or withholding financial information can invalidate a prenup.
- The agreement cannot be so unfair as to make one spouse a pauper.
When most enter into a marriage, the intention is to remain married until death do them part. However, if your marriage does end in divorce, a valid prenuptial agreement may allow you and your spouse to proceed more smoothly through what will likely be a very difficult time with a no contest divorce, saving a substantial amount of time, money and heartache down the road.
When discussing the division of assets that will become effective, if at all, at a potentially much later date in the future, there is no substitute for the guidance of an experienced family law attorney.
May 9, 2011
Tips to Help a Virginia Divorce Proceed Smoothly
In Virginia, a divorcing couple must show grounds for the divorce. This may be based in one party’s fault, such as cruelty or adultery; or it may arise from the couple’s separation. In a separation divorce, the couple must first separate and then divorce after six months (with no children) or one year (with children).
Divorcing couples who are not in agreement over matters such as child custody, alimony orproperty division may need to resolve their disputes in court.
With Virginia divorce as complex as it is, many couples want to minimize the additional complications they introduce into the process. The following are tips to make a difficult situation a little easier, both financially and emotionally:
- Be clear about finances: It is critical to disclose all assets and liabilities during divorce. If the court discovers that a spouse has covered up such information, that spouse could experience serious financial consequences. In addition, both spouses should ensure that they control their own financial resources-rather than leaving the other spouse’s name on a personal credit card, for instance-and that they are aware of all of the couple’s assets and liabilities.
- Be willing to compromise when appropriate: Divorce can lead the most levelheaded people to act on impulses they later recognize as being unhelpful. It is important to keep the ultimate goal in mind. It is also vital to be willing to negotiate with the other spouse when compromise is feasible.
- Be careful about what you say and where you say it: In this digital age, offhand comments can be permanently recorded and subsequently used as evidence. Divorcing spouses should be mindful of both social media and social contacts. When in doubt, they are probably better off keeping their thoughts to themselves, or at least keeping them neutral.
Virginia couples who face divorce often have a choice about how to proceed. If they are in agreement that a lower level of conflict is preferable, they may be able to save a significant amount of time, stress and money.
Source: Ten Things That May Help Avoid Costly Divorce Mistakes