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  1. #1
    Join Date
    Feb 2014
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    3

    Default Fraud Not Discovered Until 8 Years After the Fact

    My question involves criminal law for the state of: Michigan.
    If someone provided me with a written, signed statement they knew contained false information 8 years ago, and I only just discovered that this happened, can they be criminally prosecuted for fraud?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Fraud Not Discovered Until 8 Years After the Fact

    Highly unlikely. The rest depends on the facts.

  3. #3
    Join Date
    Feb 2014
    Posts
    3

    Default Fraud Not Discovered Until 8 Years After the Fact

    My question involves criminal law for the state of: Michigan
    If someone commits fraud and I don't discover it until 6 years later, does the discovery rule permit criminal prosecution?

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Fraud, Discovery Rule, Criminial Charges

    Quote Quoting jtjumper
    View Post
    My question involves criminal law for the state of: Michigan
    If someone commits fraud and I don't discover it until 6 years later, does the discovery rule permit criminal prosecution?
    Your first step would be to make sure that you are still within the statute of limitations.

  5. #5
    Join Date
    Feb 2014
    Posts
    3

    Default Re: Fraud, Discovery Rule, Criminial Charges

    My question would be if the discovery rule would delay the statute of limitations.

  6. #6

    Default Re: Fraud, Discovery Rule, Criminial Charges

    It could. You'd have to read the law as it existed 6 years ago at the time the crime was supposedly committed. That's what tax dollars pay for; it's the job of the state attorney/district attorney to figure out if a prosecution is possible. The victim's only concern should be the filing of a police report regarding the fraud, and then letting those responsible for pursuing the case determine if they have the ability to do so within the constraints of discovery rules, SOL's, and the potential exceptions thereto.

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Fraud, Discovery Rule, Criminial Charges

    I find no "criminal" fraud for MI. There are criminal statutes that address what you are calling fraud but they are not titled "fraud". Without knowing what happened, there is no way to guess which criminal statute may apply.

    nothing I found tolls the clock due to the matter not being discovered regarding civil or criminal matters

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