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I have a question regarding sending someone to jail or

signing a non-disclosure legal document...
I have a question regarding sending someone to jail or signing a non-disclosure legal document in exchange for money for this person not to go to jail for committing fraud, invading taxes, nor reporting extra income to Social Security Services and Medicare. Is this black mail? Is it legal? I have proof this person has been comitted fraud for the last 25 years and she just sold her home that she had listed as an LLC while she still receives social security. This person buys herself brand new BMW’s, Mercedes Benz, has received inheritance money and is currently on probation. I’m willing to not report her to IRS, SS and Medicare in exchange of money. I have a bad relationship with her, and I currently have a restraint order against her. What I’m asking to do, is it legal?
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1/22/2018
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,476
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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No. This would be extortion (blackmail). You cannot threaten to report someone to the authorities and ask her for money not to do so. You also would be abusing the restraining order you have against her by forcing her into contact with you.

Here is the California statute which makes what you want to do a crime.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=519.

How serious a crime it would be would depend on just how much money you would be asking for. Anything over $950 would be a felony.

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Customer reply replied 4 months ago
My next question is, if this is extorsión, how do celebrities, congressman, etc, get away with paying off women when they slept with them, so that these women don’t go public? Is that different? If so, how?

There may be no difference at all, depending upon the facts and circumstances of the arrangement.

Just because a crime is committed, however, doesn't mean it has to be reported. They get away with it because the person doesn't bring the matter to the authorities and ask that charges be pressed.

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Customer reply replied 4 months ago
Interesting. This is my mother in law, she’s been trying to destroy my husband financially and she’s been bribing husbands ex 2 wives to be taking him to court for petty stuff. My husband lost his 11 year old job at the bank due to the stress his mother caused him. Not to mention we’ve lost a lot financially as we got behind in all our bills and I’ve gotten sick, my 11 year old is attending a therapist every week because of all the chaos/drama she’s put us through. We are physically and emotionally drained. There’s more to it but we’ve lost a lot financially because she’s evil and wants to retaliate. But, we know all her dirty laundry. It seems like lawyers will help you get money if she’s breaking the law even though is consider extortion, right? Is legal but lawyers can take these type of cases? That woman has money and assets.

Lawyers are trained in law school to be able to argue facts from both sides. So, yes, typically, you can generally find a lawyer to take a case, even if the other side is going to claim that the person's actions were unlawful. I don't know what your mother-in-law's attorney would say about the bribery accusation, but I'm sure he would deny it. Then it would be a judge who would determine whether money was exchanged and for what, assuming it's relevant to the case.

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Customer reply replied 4 months ago
My husband was online with IRS fraud consequences, Medicare, and Social Security, his mom will lose everything and go to prison for sure because she’s been receiving Medicare and Social Security and in the last 25 years she received thousand of dollars which prob will total a million dollars while in Medicare and social security and never reported. Now if I hired an attorney and we end up going to court, this is just for judge to decide if we should we awarded money? I thought this extortions are done out of court? I’m sorry but I’m confused.

You're correct. Civil settlements of this sort are done out of court through lawyers and generally include non-prosecution clauses. However, if the person wants to report it as blackmail rather than settle, then the matter could result in a prosecution. If so, the finder of fact, judge or jury, would determine whether a crime had been committed after the close of all the evidence at trial.

I doubt that it would be reported, but that was not your initial question. You asked whether threatening to report a crime unless there was a payoff was legal. No, it's not.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,476
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Customer reply replied 4 months ago
I see. What type of lawyer I will have to hire to handle this and how will I go about explaining this lawyer what I want and what she’s being doing with out making it sound like if is “extortion”? 2nd question and I should have asked in first place , I need to sue his mom for mismanaging his grandfathers trust of my husband , his grandfather died 2011 September and his trust took 3 years , to settle , his mom kept bugging the trust attorney , and he ultimately switch it to my mothers attorney which then made her the “The manger” of the trust , knowing that she is currently committing fraud , for IRS and MEDICAL and SSI for past 25 years , therefore my inheritance was and is and will be put at risk , can he sue for 600k for this damage but settle out of court for 400k?
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