Conspiracy to commit fraud

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Latest post 07-20-2009 8:43 PM by Robjustrob. 6 replies.
  • 07-18-2009 10:24 PM

    Conspiracy to commit fraud

    In an effort to bolster a divorce complaint that I had no idea was coming, my wife waited till I was out of town for the week & with the help of her parents, she created a phony crime scene & called authorities in to investigate. Father in law sequestered my 7 year old daughter in a local hotel for a couple days so she would not be witness to my wife & her mother as they planted "evidence." They dumped my legally prescribed steroid gel tubes out of the pharmacy-issued container into a plastic baggie and put it and a bag of marijuana in my dresser and claimed I was abusing illegal steroids & illicit drugs. They planted covert cameras in the bedrooms & bathrooms and claimed I was taking dirty pictures of her, my wife, and my 7 year-old daughter. The deputies came, photographed the "evidence" in place & then confiscated it all. Does this not constitute conspiracy to commit fraud, filing a false police report, perjury, subornation of perjury? What must I present to the DA to get them charged? How can I exonerate myself?...

  • 07-19-2009 10:01 AM In reply to

    Re: Conspiracy to commit fraud

    Does this not constitute conspiracy to commit fraud, filing a false police report, perjury, subornation of perjury?

    Of course.

    What must I present to the DA to get them charged? How can I exonerate myself?...

    First you have to get out from under any charges that might be brought against you.

    To do that you hire yourself a criminal lawyer. You do not want to approach the DA on your own.

    If and when you beat the charges I'm guessing the DA will be happy to do something about your wife and her parents. You should also have a good shot at a civil lawsuit aimed at her and her parents separate from whatever happens in the divorce.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 07-19-2009 10:03 AM In reply to

    Re: Conspiracy to commit fraud Addendum - State is NC

    [Posted by Robjustrob]

    I timed out on the edit function, so I will just add here that the issue I described in the previous post is centered in North Carolina.

    Thank you.

  • 07-19-2009 9:08 PM In reply to

    Re: Conspiracy to commit fraud

    The events took place Aug '07. To date I have not been charged with anything. Sheriff even threw out any potential charge for the marijuana as it couldn't absolutely be linked to me. All that has transpired since is that the absolute divorce was granted leaving all issues of custody, support and property division to yet be resolved.

    Background: for all of our marriage, we never shared a bedroom. She had hers, I had mine. I was the victim for over five years of verbal, psychological and physical abuse. After all those years of beatings and making excuses for the black eyes and boody noses, I had her arrested and charged. She pled guilty and got a PJC. But she didn't learn from her mistakes. As time went on, she got back into the spiral of angry arguments, pushing shoving and finally hitting again. I fully recognized the escalating tensions leading to more violence so I got a tiny wireless camera and reciever/recorder and put it in MY room. Her MO was, as always, to back me into my room, shut the door and have at me without my daughter seeing. I was going to catch her on camera this time as she hadn't drawn blood again since the arrest. I never got the chance.

    In July or Aug of '07 she found my camera and knew what it was there for. She didn't let on and recruited her parents to formulate the fraud and add it to the divorce petition and an ex parte order to remove me fom the house and bar me from seeing my daughter. A hearing was held end of Aug '07. The steroids were passed about the court and I was labeled a steroid abuser. Photos of the covert cameras were passed about the courtroom. Not the actual physical evidence, only photos. A reciept had been found for my purchase of the one and only camera I had placed in my room. She had removed it and put it in my daughter's room and placed her own cameras elsewhere. I denied any culpability for what they found. I admitted the purchase of my one and only camera and explained its purpose.

    Paradoxically, the judge in his summary following the hearing, struck down the ex parte order allowing me to return to my home, my daughter and my vicious wife. Yet, he stated in the summary - and this is now public record - that it was the opinion of the court that it was more likely that I had placed all the cameras in the house. Then he outlined a custody division giving me custody on weekends. And this was under the premise that I was free to go back home where I could see my daughter 24 hours a day 7 days a week, but not make decisions till the weekends? That part I never understood.

    I hired a second attorney to investigarte the fraud and first order of business was get access to the evidence and trace serial numbers back to their origins and points of sale and find out where they really came from. The sheriff told him they had returned the evidence TO MY WIFE!!! The attorney didn't think I had a case at that point so I released him from service.

    All I have now is an encrypted audio CD of the hearing. It will cost me well over $700 to get a transcript with the hopes that there will be an audible verbal reference (transcribable) to the presence of the evidence in the courtroom. My divorce attorney did not demand the photos and drugs be remanded to evidence and secured. Now all that is gone, still it moved the judge to make the comment in his summary that makes me out to be some perverse child pornographer. Again, that is public record now. If I can get a copy of the guest register of the hotel my father in law took my daughter to that week, I can demonstrate what looks to be an odd occurrence. Why the stay in a hotel when there was more than enough room in our house for all to stay? Other than that, the audio CD of the hearing and the documents that label me as a monster, I got nothing.

    Do I have a case or potential for one? I'll go for the criminal attorney to get it before the DA if what I have will fly. And, yes, I will certainly look into a civil suit, again if what I have to offer is worthy. What else might I have that I am not remembering that could substantiate the kinds of charges that need to be brought to bear??

  • 07-20-2009 11:10 AM In reply to

    • DPH
    • Top 10 Contributor
    • Joined on 10-08-2001
    • TX
    • Posts 7,609

    Re: Conspiracy to commit fraud

    " To date I have not been charged with anything."

    If you haven't been charged with anyting yet, why not let sleeping dogs lie and stop worrying about trying to "get" your wife and in-laws?

    If you are ever charged with anyting, use all of your information to defend yourself. 

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain


  • 07-20-2009 12:30 PM In reply to

    The goal of divorce . . .

    is to end the marriage.  Rolling criminal charges just perpetuates the conflict.  (although you are already stuck with this peach for another 11 years since there is a child...)

    The decision to prosecute is entirely up to the prosecutor.  As a general rule they don't believe that complaining parties are lying.

  • 07-20-2009 8:43 PM In reply to

    Re: Conspiracy to commit fraud

    Well, sleeping dogs, yes. But we're talking about someone who's issued two death threats against me. We're talking about an evil entity that will rise again unexpectedly after the sun sets on our divorce. What I need is to drive a legal stake through its souless heart right now before someone really gets hurt.

    And I don't need that judge's summary to come up and bite me later in life, either. It's right there in black and white, insinuating I am a lowly dirty-picture-taking pervert and I really don't think it will bode well for me to have some smart-alec attorney dredging that up to smear me in some future legal action.


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