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Old 02-05-2009, 09:35 AM
 
13 posts, read 27,371 times
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I've recently discovered that a person who is in a fiduciary relationship to me and has fiduciary obligations to me may well be guilty of a FEDERAL CRIME, directly relevant to the discharging of his fiduciary duties to me.

My question is: can I prosecut this alone, i.e. WITHOUT an attorney? (I know you have the right to DEFEND yourself as an attorney pro se, but am wondering if this extends to PROSECUTING someone). The governing association which would normally do this seems uninterested in pursuing it...

Thanks
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Old 02-05-2009, 09:46 AM
 
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YOU cannot prosecute for criminal activity. That is reserved for governmental entities. Think about it, they aren't YOUR laws, they are the laws set by the government. YOU can file civil suit, but you'll likely need an attorney unless it is small claims court.
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Old 02-05-2009, 09:54 AM
 
Location: Visitation between Wal-Mart & Home Depot
8,309 posts, read 38,797,212 times
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I'm very curious to know why you would not want to involve an attorney? Harry is right, you can't initiate criminal proceedings (unless you count informing the authorities as same).
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Old 02-05-2009, 12:54 PM
 
Location: Yootó
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No, but it sounds like you may have a civil suit against this person. You need to consult with an attorney.
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Old 02-05-2009, 12:59 PM
 
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no of course not;but you have a duty to report that to the feds.
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Old 02-05-2009, 02:01 PM
 
16,579 posts, read 20,727,994 times
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You can file a civil law suit without an attorney.

If you think a federal crime has been committed, you should report it to a federal law enforcement agency, like the FBI, or contact your local U.S. Attorney's office and talk to someone there.
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Old 02-05-2009, 02:12 PM
 
Location: So. of Rosarito, Baja, Mexico
6,987 posts, read 21,942,319 times
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Prosecute ? NO... (you would have to be an Attorney and a Prosecuting one at that).D. A. Office

Defending yourself in Civil suit YES... (if you were an Attorney or hired one on your behalf)

You would only be able to give info to the District Attorney's office and they would make the decision on whether to prosecute or not. (After all...they have the J.D. degree)
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Old 02-05-2009, 03:22 PM
 
13 posts, read 27,371 times
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OK thanks, that helps
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Old 02-05-2009, 03:25 PM
 
13 posts, read 27,371 times
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Default to tex

Quote:
Originally Posted by texdav View Post
no of course not;but you have a duty to report that to the feds.
Actually that's extremely useful information -- thanks
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Old 02-05-2009, 03:27 PM
 
13 posts, read 27,371 times
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Default civil suit

Quote:
Originally Posted by jimboburnsy View Post
I'm very curious to know why you would not want to involve an attorney? Harry is right, you can't initiate criminal proceedings (unless you count informing the authorities as same).
just economics; no way I can afford an attorney (unless they'd be willing to take it on a contingency basis, which I doubt would be feasible in a case like this)
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