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  1. #1
    Join Date
    Nov 2006

    Question Time Limit for Bringing Fraud Charges

    This crime was committed in the state of NJ. The perpetrator lives in New York. Approximately two years ago, the perp got ahold of my checkbook. I was not living in NJ., living outside the US with a work contract. I discovered a year ago that my checks were forged and fraudulently written out of the account. I contacted an attorney, and because I knew the party who was responsible for the crime, allowed them a chance to refund the money, which was in excess of thirty thousand dollars. They did not. I have since contacted the bank for them to pursue legal action against the perp, but they inform me they will not as more than 60 days have passed. I do not believe that this can be true. Is there somewhere I can check the appropriate NJ law?
    Also, life insurance proceeds were stolen, via a forged claim form. Would this be covered under the same statutes?
    The bank tells me that I must pursue a civil case against this person. However, I cannot as I am still outside the US and cannot return for some time. Is there any advice anyone can offer? Thank you. Let me know if more details are needed.

  2. #2
    Join Date
    Mar 2005

    Default Re: Time Limit for Bringing Fraud Charges

    You don't believe it is true that your bank would decline to prosecute, as you failed to notify them of the improper withdrawals in what they believe to be a timely manner? That's their choice to make. It has nothing to do with what a prosecutor might do if you make a police report. You can expect that you will have to travel to the U.S. to be a witness in either civil or criminal proceedings.

    Beyond that,
    Quote Quoting New Jersey Statutes, 2C:1-6 Time limitations.
    (1) A prosecution for any offense set forth in N.J.S.2C:11-3, N.J.S.2C:11-4, N.J.S.2C:14-2 or sections 1 through 5 of P.L.2002, c.26 (C.2C:38-1 through C.2C:38-5) may be commenced at any time.

    (2) A prosecution for any offense set forth in N.J.S.2C:17-2, section 9 of P.L.1970, c.39 (C.13:1E-9), section 20 of P.L.1989, c.34 (C.13:1E-48.20), section 19 of P.L.1954, c.212 (C.26:2C-19), section 10 of P.L.1984, c.173 (C.34:5A-41), or section 10 of P.L.1977, c.74 (C.58:10A-10) may be commenced at any time.
    b. Except as otherwise provided in this section, prosecutions for other offenses are subject to the following periods of limitations:
    (1) A prosecution for a crime must be commenced within five years after it is committed;

    (2) A prosecution for a disorderly persons offense or petty disorderly persons offense must be commenced within one year after it is committed;

    (3) A prosecution for any offense set forth in N.J.S.2C:27-2, N.J.S.2C:27-4, N.J.S.2C:27-6, N.J.S.2C:27-7, N.J.S.2C:29-4, N.J.S.2C:30-2, N.J.S.2C:30-3, or any attempt or conspiracy to commit such an offense, must be commenced within seven years after the commission of the offense;

    (4) A prosecution for an offense set forth in N.J.S.2C:14-3 or N.J.S.2C:24-4, when the victim at the time of the offense is below the age of 18 years, must be commenced within five years of the victim's attaining the age of 18 or within two years of the discovery of the offense by the victim, whichever is later;

    (5) (Deleted by amendment, P.L.2007, c.131).
    c. An offense is committed either when every element occurs or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant's complicity therein is terminated. Time starts to run on the day after the offense is committed, except that when the prosecution is supported by physical evidence that identifies the actor by means of DNA testing or fingerprint analysis, time does not start to run until the State is in possession of both the physical evidence and the DNA or fingerprint evidence necessary to establish the identification of the actor by means of comparison to the physical evidence.

    d. A prosecution is commenced for a crime when an indictment is found and for a nonindictable offense when a warrant or other process is issued, provided that such warrant or process is executed without unreasonable delay. Nothing contained in this section, however, shall be deemed to prohibit the downgrading of an offense at any time if the prosecution of the greater offense was commenced within the statute of limitations applicable to the greater offense.

    e. The period of limitation does not run during any time when a prosecution against the accused for the same conduct is pending in this State.

    f. The limitations in this section shall not apply to any person fleeing from justice.

    g. Except as otherwise provided in this code, no civil action shall be brought pursuant to this code more than five years after such action accrues.
    New Jersey statutes can be read here.

  3. #3
    Join Date
    Nov 2006

    Default Re: Time Limit for Bringing Fraud Charges

    Thank You for your very timely response. It is very helpful.

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