Hi: I have been friends with a guy for over 20 years who is at this time 87 years old and is in sound mind. He was involved in a car accident about 2-3 years ago and his devious half-brother just took over his home and bank accounts. I had to end up calling his doctors, adult protective svc's then. Sometime around 11-1-13 my friend called me and asked me to come down to his house because he needed to talk to me ASAP. When I got there he told me that his brother had purchased a car for his daughter with my friends money and that when he asked his brother about it the brother told him. "you don't need it and I'm running this show now. My friend asked me if I could help him get his money where he could stop his brother from spending it. I called the bank, my friend spoke with the bank rep., she asked him certain security questions which I don't have and then he told her what he wanted to do and why, he then told the bank rep., that it was ok for her to continue speaking with me. the funds was transferred into an account that had my name on it because this is the 2nd time my friend has had to do this....I swear, if I knew then what I know now I would have not gotten involved, from that account it was transferred into my account so that his brother could not put his paws on it. The money stayed in my acct. for weeks untouched. The next thing I know I get a letter from the bank saying that the have closed my accounts for auspicious behavior. The brother found out that the monies had been transferred in my account made a stink with the bank and the bank sent the letter to me. I called the bank told them I was a long time customer with them, I explained the situation to them (I had made complaints last year about the brother stealing his money) at any rate when I was done explaining how this all happened and why was I not notified of this they just told me that they can close my account for no reason. My friends brother who is also in his eighties (they both look younger than their years) called the police and made a police report on me for fraud. He has went up and down my neighborhood telling every one he can that I stole a large amount of money from my friend. He has put fear in my friend so my friend is saying "I don't remember to everything that pertains to the money only. My question is to you, am I in trouble, even though, I have a video with my friend saying that is why he did it and that he called me down to his house. I also have bank statements that prove that his brother has been abusing him financially. I am not mad at my friend for saying he does not remember because I know he is afraid of his brother since he lives there alone with his half-brother and his half-brother's daughter. the brother has went up and down the streets of our neighborhood and told everyone that I took advantage of my friend, which I did not. This puts my life in jeopardy due the the fact people will think I have all of this money and I don't. I have came home and had to leave because thugs are standing at my gate waiting for me to get out of the car, people have followed me, he even had his thug friend follow the mailman because at one time the bank told him that they were going to be mailing the funds to me because they closed my account. I even made an attempt to talk to the brother and his daughter to let them know what happened, that I did not steal anything from my friend, that I did what he told me to do because he is my friend, but the brother kept saying I coerced my friend to do what he did, I told him that I had a video and proof that they were stealing his money but the brother was so rude I had to leave. can you tell me what I need to do to prove to the police that I did not commit elderly fraud on my friend of over 20 years. Thank youXXX@XXXXXX.XXX I live in Los angeles, Ca. I did not know this was an atty in canada. Do you know California law?
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.