Legal Question in Civil Litigation in California

In California there is no statute of limitations on embezzlement of public funds (part of an economic loan to us funded by the fed administered by the city) as far as prosecution goes. I've been told that there is a statute of limitations for civil proceedings for this crime - in other words a limit to how long after discovery I have to litigate. I don't believe this - I discovered this crime, that has no statute of limitations, in 2010 - less than three years ago. Basically a loan committee member diverted funds intended for payroll only to a real estate investment of his clients property. Can I still pursue civil charges? This is a restatement of a previous query where I failed to mention that it was my funds that got ripped. Sorry.


Asked on 1/28/13, 1:32 pm

1 Answer from Attorneys

If the money was yours, then it is not public funds anymore. Once they are paid to you they are private funds. If they have not yet been paid to you, they are not your funds and you have no standing to do anything about it. What funds may have been earmarked for is irrelevant. What matters is who had legal possession of the funds when they were taken. If they were in an account owned by a public entity, the public entity statutes of limitations apply and only the public entity has any right to prosecute a civil or criminal action. If they are held in an account owned by a private person or business or other private entity, then they are no longer public funds and private cause of action limitations apply. Even then, only the owner of the account the funds are taken from has any legal rights against the embezzler.

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Answered on 1/28/13, 3:22 pm


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