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Colleen Grady
Colleen Grady, Attorney and Counselor at Law
Category: Criminal Law
Satisfied Customers: 555
Experience:  Attorney and Counselor at Law
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My 2 ex sister in laws are going to court $1,000,000.

Customer Question

My 2 ex sister in laws are going to court for taking $1,000,000. from employer. The older sister worked for the company until last Feb. 2015 when the company did an audit and found the embezzlement and she was fired. She admitted to the owners that she had being taking money for over 7 years (prob. longer). She set up a fake company with her husband and paid herself as if she was a vendor.
She gave her sister about $300,000. of the million. Her sister was laid off in 2010. There are 2 forensic audits going on. She said gambling and greed were the reasons for taking the money. The home they owned in modesto went into foreclosure. Their home where they are currently living is in Lake Tahoe. I would imagine they will stay there until forced out.
Her husband says he didn't know anything. Hard to believe. After she got fired (the owner's hadn't gone to the d.a. yet,), Debi and her husband went and paid cash for a mobile home in Tower Park Marina. Her boss found out about it and made her give him the keys. The ended up getting the place sold and the business owner got that money. It was $245,000. After that happened he (the boss) went to police and Debi was arrested and let out on her o.r. Her sister also was o.r'd.
Lots of tax is going to be owed to IRS and the FTB. There next court date is a preliminary hearing setting and further arraignment. Because they admitted their guilt they have no defense so there will be no trial.
I was just wondering when they might be sentenced? And for how long? Her husband took and early retirement because the business he was in charge of (trucking company) went bankrupt (his company also had a "break in" and all computers were taken with all financial and business information). He had to "remember" the years financial to do the company tax return.) My guess is he was stealing from the trucking company also and that why they went bankrupt.
Will they (the forensic accounting firms) look into his 'business' also? I can't believe the 2 sisters did what they did. They are good cons for sure. I hope they throw the book at them. They owned a Rolls Royce Harley Davidson 40' Rv, travel trailer, 2 boats, Mercedes, jeep, Denali, 2 mopeds, bikes, '52 Buick that had been restored to the original condition. They both paid for their kids rent every month and gave them all gas cards and medical insurance!
If they are suspicious about Deb's husband when will they charge him before they go to court or will that be a separate issue and something they weren't looking for? Or would they 'surprise' him in court with charges.?
On top of all this, the company had been paying employees under the table.
I know I'm going on and on but I hope her husband is charged, and haven't heard any remorse from them at all. Makes me sick. Any idea on if they will be doing (the sisters) any time in prison and how long can they get?
Thank you
Mary DeLouize
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Colleen Grady replied 1 year ago.
Hello. I will help you with your questions. I have been an attorney for 26 years and I was a prosecutor for 9 years. Can you tell me if the sisters were arrested on Federal or state charges? If it is state court, what state? It is important to know this to give you my answer.
Customer: replied 1 year ago.
I think state but not sure. In calif
Customer: replied 1 year ago.
Lodi san joaquin county ca
Expert:  Colleen Grady replied 1 year ago.
They will be seeking evidence against the husband through audits of the bank accounts and purchases. If they are able to connect him to the use of these funds to enrich himself, he will probably be charged as a co-conspirator in an embezzlement scheme. They will not wait to charge him when she goes to court. They will charge him as soon as, or if, they have enough evidence against him.The sisters are facing state prison time under the regular theft laws. They face about 2 to 3 years in state prison. On top of that, they will be probably be charged under the enhanced white collar crime laws under PENAL CODE SECTION 186.11-186.12. Under this law they could get another 2 to 5 years in prison. Here is what that law says:186.11. (a) (1) Any person who commits two or more related felonies, a material element of which is fraud or embezzlement, which involve a pattern of related felony conduct, and the pattern of related felony conduct involves the taking of, or results in the loss by another person or entity of, more than one hundred thousand dollars ($100,000), shall be punished, upon conviction of two or more felonies in a single criminal proceeding, in addition and consecutive to the punishment prescribed for the felony offenses of which he or she has been convicted, by an additional term of imprisonment in the state prison as specified in paragraph (2) or (3). This enhancement shall be known as the aggravated white collar crime enhancement. The aggravated white collar crime enhancement shall only be imposed once in a single criminal proceeding. For purposes of this section, "pattern of related felony conduct" means engaging in at least two felonies that have the same or similar purpose, result, principals, victims, or methods of commission, or are otherwise interrelated by distinguishing characteristics, and that are not isolated events. For purposes of this section, "two or more related felonies" means felonies committed against two or more separate victims, or against the same victim on two or more separate occasions. (2) If the pattern of related felony conduct involves the taking of, or results in the loss by another person or entity of, more than five hundred thousand dollars ($500,000), the additional term of punishment shall be two, three, or five years in the state prison.Criminal cases take time because of grand jury presentations, discovery motions, hearings and plea negotiations. This case involves a lot of financial evidence and that takes time to analyze. It could take over a year before the case is finished and they are sentenced.By the way, the cars and boats you mention will be seized for civil forfeiture and the proceeds will be used to pay the owners back. They will also face huge fines in a case like this.Please let me know if you have more questions. I will be happy to help more. If you are satisfied with my help, please rate my service.