Have Legal Questions? Ask a Lawyer Now.
Good evening. I'll be assisting you with your question.
I'm sorry you did not receive a response to your last question. Could you explain your situation a little further?
I wish to know what the statute of limitations is in New York State to my question.
Can you give me an answer?
I understand, but could you explain what happened a little further? There can be many laws broken, depending on the facts of the case, and each law may have it's own statute of limitations. As such, any details you can provide would be helpful.
Also, are you wanting to sue this person or are you wanting to press criminal charges?
I do not know more details. I just wanted to know whether the individual could be charged or is there a 7 year statute of limitationn?
Just so I have this correct, you are asking about the statute of limitations as it pertains to a criminal case; that is, being charged with a crime?
OK. It is a 5 year statute of limitations for most felonies in New York (there are a few exceptions, but this would not fit one). However, in the case where there was a breach of a fiduciary duty, the statute of limitations is one year after the breach was discovered. So, if this person who defrauded the company was in a fiduciary position, charges could be brought up to one year from when it was discovered.
The crime was never reported by the new person in charge so I am assuming that the individual is safe . Am I correc t?
If it has been more than a year since it was discovered (or should have been discovered), yes.
Glad to help.