Can I Waive My Right to A Remedy for Embezzlement of My Retirement Money?
06/14/2009 - Criminal - State: AL #16969
Full Question:
My retirement was stolen from me by a person that forged my name. I have sent the company a notary letter stating this. The women that set up the retirement for me off a money waiver that I singed was based on money that was stole from my pay. There was a lawsuit that was filed against the company for embezzlement of employee's wages. The President had me sign the money waiver to where I would not testify in court against her family company. Now I have been led to believe that 'Joe' and 'John' forged my name and stole my retirement. Joe is the grandson of the company president. What should I do about this? I need help regarding the matter.
Answer:
I am unable to determine whether the waiver you signed applies to all agents of the company and what acts it includes, but criminal acts generally aren't covered by a waiver. The law does not allow a person to relieve himself from being liable for a crime by agreement. I suggest you contact a local attorney who can review all the facts and documents involved.Crimes should be reported directly to local law enforcement agencies to ensure that they are properly investigated.
The following are AL statutes:
§ 13A-9-3. Forgery in the second degree.
(a) A person commits the crime of forgery in the second degree if, with intent to defraud, he falsely makes, completes or alters a written instrument which is or purports to be, or which is calculated to become or to represent if completed:
(1) A deed, will, codicil, contract, assignment or a check, draft, note or other commercial instrument which does or may evidence, create, transfer, terminate or otherwise affect a legal right, interest, obligation or status; or
(2) A public record, or an instrument filed or required or authorized by law to be filed in a public office or with a public employee; or
(3) A written instrument officially issued or created by a public office, public employees or government agency.
(b) Forgery in the second degree is a Class C felony.
§ 13A-9-4. Forgery in the third degree.
(a) A person commits the crime of forgery in the third degree if, with intent to defraud, he falsely makes, completes or alters a written instrument.
(b) Forgery in the third degree is a Class A misdemeanor.
§ 13A-8-2. Theft of property — Definition.
A person commits the crime of theft of property if he or she:
(1) Knowingly obtains or exerts unauthorized control over the property of another, with intent to deprive the owner of his or her property;
(2) Knowingly obtains by deception control over the property of another, with intent to deprive the owner of his or her property;
(3) Knowingly obtains or exerts control over property in the custody of a law enforcement agency which was explicitly represented to the person by an agent of the law enforcement agency as being stolen; or
(4) Knowingly obtains or exerts unauthorized control over any donated item left on the property of a charitable organization or in a drop box or trailer, or within 30 feet of a drop box or trailer, belonging to a charitable organization.
§ 13A-8-13. Extortion — Definition.
A person commits the crime of extortion if he knowingly obtains by threat control over the property of another, with intent to deprive him of the property.
§ 13A-8-14. Extortion in the first degree.
(a) Extortion by means of a threat, as defined in paragraphs (13)a or (13)c of Section 13A-8-1, constitutes extortion in the first degree.
(b) Extortion in the first degree is a Class B felony.
§ 13A-8-15. Extortion in the second degree.
(a) Extortion by means of a threat, as defined in paragraphs (13)b or (13)d through (13)k of Section 13A-8-1, constitutes extortion in the second degree.
(b) A person is not liable under this section for a threat, as defined in paragraph (13)e of Section 13A-8-1, if he honestly claims the property as restitution or indemnification for harm done in the circumstances to which the threat relates, or as compensation for property or lawful services. The burden of injecting the issue of claim of right is on the defendant, but this does not shift the burden of proof.
(c) Extortion in the second degree is a Class C felony.
Please see the information at the following links:
http://definitions.uslegal.com/e/embezzlement/
http://definitions.uslegal.com/search.php?q=larc
http://definitions.uslegal.com/w/waiver-and-release-from-liability/
For further discussion, please see:
http://www.cityofcalera.org/Default.asp?ID=403
06/14/2009 - Category: Criminal - State: AL #16969
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