The divorce took place approximately in 1994. I do not feel that criminal activities are protected by the statute of limitations.
I am looking for financial compenstion. I am also hoping to get her disbarred from practicing medicine in Nevada.
I found out about the crime recently. My brother that falsified the documents died and my other brother who helped him informed me of the falsified documents when he came to visit me from Canada (in March of this year.)
I live in Australia. My brother lives in Canada. I used to live in Las Vegas, Nevada.
I knew of this from the time our divorce started. My wife obtined a house loan by lying on the application form. She had a court judgment against her in Canada. She said that there were no such judgments.
My apologies but most states do have a statute of limitations on criminal activities. While that differs from state to state, the only felony that has no statute of limitations is murder. Otherwise misdemeanors have a 2 year statute for 'gross misdemeanors' (more serious offenses) and a 1 year statute for regular misdemeanors. Under Sections 171.080 et seq, most felonies have a 3 year statute other than theft, robbery, arson, burglary, forgery, or sexual assault, which have a 4 year statute. Since this happened 19 years ago, this is not something that is actionable today, at least not criminally. Furthermore, if you have had knowledge of her lying in 1994 but did not pursue it, even under discovery that is not something that can be pursued now. At most you can contact the Nevada Board of Medicine, provide your evidence, request an investigation, and see if they are willing to remove her, but I do not see this as something the courts would handle for you due to the extreme time delay. You could potentially claim fraud based on just being informed of the violation and pursue a civil suit against her for damages but even that is going to be fairly up-hill. You would need to retain counsel to do so and file suit against her in the county where she resides. Plus, the attorney would need to convince the judge to allow this based on the statute being 'stayed' as the offense was just recently found. You would need to supply evidence, this is not something that could be pursued without any sort of proof on your end.
Hope that helps.
Will I be able to find an attorney who will take up this matter. I will pay upto 60 % of whatever I win if any?
If Yes, how?
I cannot guarantee that any attorney would take this case because it is almost 20 years old. If anyone would take it, it would not be on contingency but would request a retainer. To find counsel that may be able to assist and potentially negotiate with you, consider browsing the listings at www.avvo.com and www.martindale.com. There you can search by fees, location, experience, and expertise.
Good luck to you!
I did not know of the crime at that time. Do the statute of limitations still apply from the time of commission of the crime?
Typically the statute runs from the time of commission, although in some instances there is the ability to freeze the statute and allow it start counting down from the date of notice. Even so the notice is based on when someone would have 'reasonably' found out about the offense, which may or may not when you found out. Practically speaking, I do not see the courts, the police, or the DA's office pursue this after 20 years, and pursuing it civilly is far more likely to be successful.
Good luck and please take care!
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