Legal Question in Criminal Law in Illinois

when my wife and I were together, (we are now seperated with a divorce pending), she was stealing money weekly from work. If I report her, am I also liable for knowing about it and not reporting it sooner or am I immune because I've been her husband and not required to testify (report) against a spouse?

Asked on 4/10/13, 9:09 am

1 Answer from Attorneys

George Ellis The Ellis Law Firm
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Interesting question. Normally, you would have no affirmative duty to report the criminal behavior of another person. In this case, however, given that the thief was your wife, there is a reasonable claim that can be brought that you were in receipt of stolen property (a possible criminal claim against you) or that you were unjustly enriched as a result of her conversion (one of a number of possible civil claims that could be brought against you). So long as you are married (the privilege against testifying against one's spouse ends, obviously, upon the dissolution of a marriage), the privilege against testifying against your spouse remains. That said, you would certainly be looking at liability that has nothing to do with incriminating your wife in a potential case against her.

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4/10/13, 8:41 pm

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