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My brother is threatening to file a criminal complaint

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against me if I don't...
My brother is threatening to file a criminal complaint against me if I don't agree to his buyout terms of a shared trust property that was left to me and my three siblings. His accusations are frivolous and he knows it, but trying to use it as a scare tactic to get us to agree to his very unreasonable buyout demand. This threat seems to rise to the level of extortion, and at least harassment. Any advice?
Submitted: 2 years ago.Category: Criminal Law
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Answered in 2 minutes by:
1/7/2016
Criminal Lawyer: Barrister, Criminal Defense Law replied 2 years ago
Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 39,516
Experience: 17 years practicing criminal defense.
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Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes and ordinances and type out an answer or reply, but rest assured, I am working on your question.

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What would he be filing a criminal complaint based on?

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" to use it as a scare tactic to get us to agree to"... Who is "us"?

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thanks

Barrister

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Customer reply replied 2 years ago
Claiming that I embezzled money from a trust account that includes for beneficiaries even though I have provided him proof that I did not. He wants us ( myself and two other siblings) to buy out his share of the trust under his own terms without compromise or negotiation
Criminal Lawyer: Barrister, Criminal Defense Law replied 2 years ago

Ok, it would be considered extortion or blackmail for him to threaten this under Michigan law and that is a felony..

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Michigan Penal Code 750.213 Malicious threats to extort money.

Sec. 213.

Malicious threats to extort money—Any person who shall, either orally or by a written or printed communication, maliciously threaten to accuse another of any crime or offense, or shall orally or by any written or printed communication maliciously threaten any injury to the person or property or mother, father, husband, wife or child of another with intent thereby to extort money or any pecuniary advantage whatever, or with intent to compel the person so threatened to do or refrain from doing any act against his will, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 20 years or by a fine of not more than 10,000 dollars.

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So I would tell brother that by his mere actions in threatening this, he has committed a felony and you will be talking to the local District Attorney about it in the near future...

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That should scare the pants off of him and make him scramble around to apologize to you...

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks

Barrister

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Customer reply replied 2 years ago

Here is an excerpt from just one of his threatening emails:

This route will allow you and Scott to avoid multiple criminal charges as well as potentially civil charges and of course extraordinary legal costs. You should crunch some numbers before you make your decision. You will have 2 days to review the proposal and accept and 10 days from the date of acceptance for the 3 of you to make it final including my receipt of total payment due...
If you don't accept the proposal, I will give you the courtesy of a 24 hour notice before I contact the authorities so you can get your ducks in order, etc.

 

Criminal Lawyer: Barrister, Criminal Defense Law replied 2 years ago

Yep, looks like criminal extortion to me if you aren't guilty of any type of criminal action..

.

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thanks

Barrister

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Customer reply replied 2 years ago
Hypothetically, even if I was guilty which I am absolutely convinced I am not, according to the Michigan Penal Code would this still not be extortion?
Criminal Lawyer: Barrister, Criminal Defense Law replied 2 years ago

I don't think so..because the clear part is "maliciously threaten to accuse another of any crime or offense". Accuse implies that it is baseless and without merit. If the person is "reporting" a crime, then that would likely be considered outside the boundaries of this law.

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So it depends on whether the accusation/report is valid or not..

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But DA's are always very reluctant to try to pursue things like this because any beneficiary can file a civil suit to get the case into court rather than going through the criminal courts even if it was alleged/reported.

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thanks

Barrister

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Customer reply replied 2 years ago
Would this and the other dozens of similar emails threatening and harassing me rise to the level of harassment?
Criminal Lawyer: Barrister, Criminal Defense Law replied 2 years ago

Potentially... Harassment is typically defined as a course of conduct with no legitimate purpose designed to irritate, disturb or annoy the victim.

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But again, DAs are reluctant to pursue something like this in a criminal manner simply because they have bigger fish to fry and limited resources to pursue them..

,

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thanks

Barrister

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Customer reply replied 1 year ago

Is the legal definition in a trust of "sold and distributed" the same as just the word "distributed"?

Criminal Lawyer: Barrister, Criminal Defense Law replied 1 year ago

I would have to say no, because assets in a trust can be distributed to a beneficiary by simply transferring them to the beneficiary. That doesn't necessarily mean that the asset is sold first.

.

If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

.

.

thanks much

Barrister

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