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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Criminal Law
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Experience:  19+ Years of Legal Practice in Criminal Law.
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Someone set up an account online after my nephews mom passed

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Cousin from Georgia set up an account online after my nephews mom in New York passed away so friends and family can donate to the children's education fund in lieu of flowers for their mom. That cousin did not give all the money to the children because I asked the company how much money was transferred to the cousin's account and saw that the cousin got more money than the children received. That person is stealing from the children. How do I go about getting that money to the children when she is denying that she has kept any money. She now doesn't allow wepay to give us any info and is now claiming that a donor has requested the money back. Which is hard to believe since it has been months and it has happened after the fact I questioned the difference in the amounts. What is the exact crime and what can I do?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  AlexiaEsq. replied 1 year ago.
Hi, my name is XXXXX XXXXX I thank you for your inquiry. I have been involved fraud investigation/law for 19+ years and look forward to assisting you. With regard to your post:

Cousin from Georgia (Your cousin? or the kids' cousin?)

 

set up an account online after my nephews mom (is she your sister?)

 

in New York passed I am so sorry for your loss.

 

away so friends and family can donate to the children's education fund in lieu of flowers for their mom. Generally a great idea.


That cousin did not give all the money to the children because I asked the company What company??

 

how much money was transferred to the cousin's account and saw that the cousin got more money than the children received. If cousin can produce the expense receipts that were being reimbursed prior to determining the net "profit" that goes to kids, and those expenses equate with what he paid to get this site going, etc., then what he took back to pay back the "loan" he made to make this happen, may be appropriate. However, if he took more than that, yes, I agree it is a multitude of issues.

 

That person is stealing from the children. Presuming that he IS taking more than paying back those loaned expenses, I agree. But just as importantly, he is defrauding those he persuaded to donate. He persuaded them to donate based on the representation that all net profits go to the kids, NOT, "some" for the kids and "some" for him to put on a new deck.

 

How do I go about getting that money to the children when she is denying that she has kept any money. You may have to sue her, if you are sure she is doing this. It would be "The Kids" v. her, likely, and I'd argue that the kids legal interest in the money evolved each time the donor put money into an account they believed was for the kids. Once you file suit, (need a lawyer, since the kids' likely can do this themselves and you can not practice law unless you have a law license) you can get "discovery" from the cousin which will show you what was pulled in and what she embezzled.

 

She now doesn't allow wepay to give us any info and is now claiming that a donor has requested the money back. Of course he did, after he found out she stole it.

 

Which is hard to believe since it has been months and it has happened after the fact I questioned the difference in the amounts. What is the exact crime and what can I do? You can also file a police report and seek to have the authorities charge her with theft, embezzlement, etc. The threat of criminal prosecution may be enough to make her do right - account for all moneys and give the proper amount to those it was intended. So, there are definitely crimes that have been committed, but there are also potentially "civil" wrongs that have been done also, the conversion of the children's intended property. Civil and criminal fraud, potentially.

 


I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To Alexia Esq., ONLY" if you want me to specifically answer it.

Sincerely, XXXXX XXXXX

Your online legal resource!

 


Optional Information:
What have you tried so far?: Emailed to wepay to help us, but they claim that the administrator to the account has to allow us to get any information but what really upsets me is that fund was setup for my nephews and we can't get any info

Customer: replied 1 year ago.

Hi Alexia,

I tried clicking to view your answer and I am not able to see it. It takes me to another site.

Thanks
Dina

Expert:  AlexiaEsq. replied 1 year ago.

Actually, if you just scroll up, it is there. Just scroll up :) And here it is again:
-------
Hi, my name is XXXXX XXXXX I thank you for your inquiry. I have been involved fraud investigation/law for 19+ years and look forward to assisting you. With regard to your post:

Cousin from Georgia (Your cousin? or the kids' cousin?)

 

set up an account online after my nephews mom (is she your sister?)

 

in New York passed I am so sorry for your loss.

 

away so friends and family can donate to the children's education fund in lieu of flowers for their mom. Generally a great idea.


That cousin did not give all the money to the children because I asked the company What company??

 

how much money was transferred to the cousin's account and saw that the cousin got more money than the children received. If cousin can produce the expense receipts that were being reimbursed prior to determining the net "profit" that goes to kids, and those expenses equate with what he paid to get this site going, etc., then what he took back to pay back the "loan" he made to make this happen, may be appropriate. However, if he took more than that, yes, I agree it is a multitude of issues.

 

That person is stealing from the children. Presuming that he IS taking more than paying back those loaned expenses, I agree. But just as importantly, he is defrauding those he persuaded to donate. He persuaded them to donate based on the representation that all net profits go to the kids, NOT, "some" for the kids and "some" for him to put on a new deck.

 

How do I go about getting that money to the children when she is denying that she has kept any money. You may have to sue her, if you are sure she is doing this. It would be "The Kids" v. her, likely, and I'd argue that the kids legal interest in the money evolved each time the donor put money into an account they believed was for the kids. Once you file suit, (need a lawyer, since the kids' likely can do this themselves and you can not practice law unless you have a law license) you can get "discovery" from the cousin which will show you what was pulled in and what she embezzled.

 

She now doesn't allow wepay to give us any info and is now claiming that a donor has requested the money back. Of course he did, after he found out she stole it.

 

Which is hard to believe since it has been months and it has happened after the fact I questioned the difference in the amounts. What is the exact crime and what can I do? You can also file a police report and seek to have the authorities charge her with theft, embezzlement, etc. The threat of criminal prosecution may be enough to make her do right - account for all moneys and give the proper amount to those it was intended. So, there are definitely crimes that have been committed, but there are also potentially "civil" wrongs that have been done also, the conversion of the children's intended property. Civil and criminal fraud, potentially.

 

 

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To Alexia Esq., ONLY" if you want me to specifically answer it.

Sincerely, XXXXX XXXXX

Your online legal resource!

 


Optional Information:
What have you tried so far?: Emailed to wepay to help us, but they claim that the administrator to the account has to allow us to get any information but what really upsets me is that fund was setup for my nephews and we can't get any info



Customer: replied 1 year ago.

With the information you gave in what we can do if it is all true about the cousin keeping the children's money it must be expense, I should have mentioned the amount that the cousin is holding back, it is $2,140.

Expert:  AlexiaEsq. replied 1 year ago.
As noted above, you can report her fraud to the authorities to see if they will prosecute her - a sentence could include restitution in addition to fines and jailtime, meaning, she'd have to pay the money she stole. That doesn't cost anything. Similarly, the children can sue her for return of the money. An attorney may assist them on a contingent basis without retainer possibly - you just have to call around and find one.
AlexiaEsq., Managing Attorney
Category: Criminal Law
Satisfied Customers: 11837
Experience: 19+ Years of Legal Practice in Criminal Law.
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19+ Years of Legal Practice in Criminal Law.