Thank you for your question. I'm so sorry for your troubles here.
In response to your question:
"my question is what basis can the los angeles sheriff department seize my business accounts (and my sibling) w/out real evidence of the supposed "investment fraud" (my sis in law was told i'm being investigated for investment fraud)."
First, I do not think you are correct in that the detective issued the warrant - a detective has not such power or authority. Only a judge or magistrate or simlyar can do so. The detective, however, may have been the major influencing affiant.
The requirements for a seizure warrant include 1) placing the judgment of an independent magistrate between law enforcement officers and the privacy of citizens, --2) invasion of that privacy is authorized only upon a showing that constitutes probable cause, and
3) limits that invasion by specification of the person to be seized, the place to be searched, and the evidence to be sought.
While a warrant is issued ex parte, its validity may be contested in a subsequent suppression hearing if incriminating evidence is found and a prosecution is brought.
You can also make a motion for the return of the property (bank account funds, release of bank account) and this generally may be made in court that issued the warrant.
So, apparently, an independant (yea right) judge issued the warrant, based on probably cause being found. You of course, would argue that there was not probably cause and so the warrant was invalid and your accounts/funds need to be returend. It is irrelevant that you kept other people's money in your account. Remember, even if the evidence turned out to be bogus, probably cause is from the reasonable mind of the detective based on what he has learned (a witness could have lied for instance, but if he has now reason to know it is a lie, it can be part of why the end result was probable cause).
Because they believe the funds in the account are the result of investment fraud, it is similar to "stolen goods", by analogy, and would clearly have to be seized for preservation purposes as well as evidentiary purposes..
Also, i it is very unlikely that they have shared all of the evidence with you, that would be unheard of, even though they are grossly mistaken.
As you can imagine, this is very complicated area of law, and you should hire a solid white collar criminal defense attorney to resolve it as soon as possible and to prevent any railroading.
Hope this helps to clarify.
I believe I have answered your question and I hope you a better understanding of your legal issue as a result. As you know, I am only the messenger and can not create favorable law if it doesn't exist, so please don't hold it against me if the legal result is not what you wish. If your question was in fact answered appropriately please click the GREEN "ACCEPT" button NOW, in order that it be recognized as such and I receive credit for my work from the company. This will not cost you anything, if you already deposited to the company for this service. Your promptness is greatly appreciated. In addition, Positive "FEEDBACK" and BONUSES are also appreciated. If you need additional related follow up on this particular question afterwards, don't hesitate to Reply and I'm happy to help you. And if you would like my assistance in the future, just put my name, STEPHANIE JOY, in your title or first sentence of post. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break, or if it is late at night, I may have to go get some shut eye til morning, but rest assured, I'll be back for you. Thanks!
My Standard and Required Legal Disclaimer. The information given by me here is not legal advice. You should not and may not rely on anything on this website as legal advice and you agree that the nominal price you may pay for information here clearly does not pay for any legal advice. I am neither establishing nor accepting an attorney-client relationship with you. You must hire an attorney in your state as a matter of law, in order to receive legal advise and attorney/client relationship and rights. I do not claim to be licensed to practice in the state where this information is being provided or whose law would apply, if any. My licensing credentials are noted in my profile, which you have full access to. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you and have a great day.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).