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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 26157
Experience:  16 yrs. of experience including criminal law.
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I have been under criminal investigation for over 3 years that

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I have been under criminal investigation for over 3 years that I know of. I have even had a search warrant served at my office over 12 months ago. An ausa threatened to indict me 2 years back and never did. Since then there have been off the wall accusations against me but never have they shown us anything. In the mean time the ausa quit and went into private practice. A new ausa took over at least 10 months ago and has never said a word to my attys. only initially saying he didn't know much about the case. This is a healthcare fraud case btw. We hired our own investigators and came up with nothing. How long should I expect this type of investigation to continue? It is really getting to me both mentally and physically. Not to mention my reputation that I have built over the last 15 yrs in business is now ruined, as well as my business, which was my life's work.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to assist on this matter. I am an attorney with over 12 years experience in criminal law.

5 years is the statute of limitations. The federal government has 5 years to file a charge. If they can not/do not do so in that timeframe then the statute of limitations will bar further prosecution.

And that stature starts to run when the crime is committed (or in the case of fraud when the government is made aware of the crime).

So you mention 3 years that you know of...if they have had the case over 5 years then it is too late for them to do anything.

That said, if they have had for less than 5 years, then they can continue to develop the case.

There is no law which would require they bring the case sooner.

So they can continue to investigate.

If/when you go past the 5 year mark, if it continues I would have your lawyers notify the AUSA that the statute has passed and request they back off...if they refuse my next step would be to request your Congressional representative engage.

AUSA's should not be wasting taxpayer resources investigating crimes that by law they can not prosecute.


Customer: replied 1 year ago.
My attys have told me to let sleeping dogs lie. I guess I'm just sick of it all. How long does it usually take them to review documents seized during a search warrant execution?
Expert:  P. Simmons replied 1 year ago.
Depends...depends on many factors, including the overall complexity of the case.

I have been involved in prosecution of fraud cases where it takes many months to organize and understand documents.

But that statute of limitations is a hard limit...they have to file PIROR to that 5 year statute running. It sounds like that may be coming soon.

P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 26157
Experience: 16 yrs. of experience including criminal law.
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