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i am being accused of identity theft. my business partner opened

Customer Question
credit lines in the name...
i am being accused of identity theft. my business partner opened credit lines in the name of our real estate business. the business went belly up and now she is accusing me of stealing her identity to open those accounts. what is my legal right.
Submitted: 7 years ago.Category: Criminal Law
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Answered in 1 minute by:
2/23/2010
Criminal Lawyer: JD, Criminal Justice Lawyer replied 7 years ago
JD
JD, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1,335
Experience: Over 11 years of practice in litigation including 10 years as a state prosecutor
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Is anyone taking these accusations seriously (are you in danger of prosecution)?

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Customer reply replied 7 years ago
Yes because she has been telling her relatives who i became very good friends which she resented, that i did this to her. and she has been haraasing me leaving threatening messages on my cell that she will sue me for identity theft. her relatives are telling her if she believes that i stole her identity then she should sue me.
Criminal Lawyer: JD, Criminal Justice Lawyer replied 7 years ago

Suing you and convincing the state to prosecute you are different issues. I'll go over your basic steps based on the information you've provided.

 

1) Your primary concern must be protection from wrongful criminal prosecution. If a law enforcement agency begins asking questions or if you detect an investigation brewing you should immediately consult a local attorney and fight the urge to explain things or defend yourself until you've been advised by a good local criminal lawyer. I realize these allegations are false, but that will not necessarily prevent criminal charges from being filed. You obviously want to avoid that if at all possible.

 

2) If you believe you are to be sued, you should also seek the services of a good civil practitioner in your area. First you will want to discuss the defense of any lawsuit she may file. You will want to gather the records and documents you preserved from this business as well as a witness list of any people necessary to prove she opened these accounts herself on behalf of the business.

 

3) During your conversation with the civil attorney, you will want to discuss your options for seeking relief from these false allegations. The steps you will take should include a letter demanding her immediate cessation from these defamatory comments as well as a written retraction. Further, you will want to discuss your options for filing a defamation action against her. A good civil lawsuit consists of three things... 1) a cause of action (defamation)... 2) damages (which can often be presumed when being falsely accused of criminal conduct... this is called defamation per se)... 3) a solvent defendant who can pay any damages awarded. Whether you have these three elements is something you will need to review with counsel, but you certainly will want to make the threat in order to stop these allegations from being communicated further.

 

Please reply if I can help further.

 

________________________

Remember to click ACCEPT only when you are satisfied with your answers. This is how we get paid for our time with your questions. I would also appreciate any positive feedback you could provide. If you are not satisfied then please reply to me so I can further assist you or find someone else to help. I am not your attorney. Therefore no attorney-client relationship exists and any communications on this website are not subject to the attorney-client privilege. For this reason, please do not divulge any personal information and use this site only for hypothetical questions. This forum is for general questions and answers and I cannot provide you with applicable law or legal opinions or advice in your jurisdiction. Please seek the advice of a competent attorney in your jurisdiction. While I can answer general questions and discuss general legal principles, I cannot give you legal advice in your state. The internet is a great place to get general information but should not be seen as a substitute for the attorney-client relationship or the services of a good lawyer in your state.

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Customer reply replied 7 years ago
What do you mean by this?
"but you certainly will want to make the threat in order to stop these allegations from being communicated further."
Criminal Lawyer: JD, Criminal Justice Lawyer replied 7 years ago
You will want to threaten a civil lawsuit for defamation through your attorney in your letter demanding she immediately stop communicating these false allegations. Whether or not you follow through with the threat will depend on the factors you've evaluated with your attorney that I discussed above.

Edited by JD on 2/23/2010 at 2:19 AM EST
JD
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Experience: Over 11 years of practice in litigation including 10 years as a state prosecutor
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