criminal complaint
Just before coming to MD from FL my sister's son asked my brother for a $100,000 loan. I'm his POA & trustee now and FL abuse authorities determined by investigation he ''dis not have capacity to make financial decisions.'' My nephew agrees he owes but not now able to do so. (But he ownes 3 companies.)May a criminal complaint be filed as Medicaid is in jeopardy without restitution. Nephew lives in CT.
1 Answer from Attorneys
Re: criminal complaint
Perhaps but the complaint would probably need to be filed in Florida where the supposed criminal activity occurred. Not knowing Florida law it would be hard for me to comment on whether his conduct under their laws was criminal or not and there are potential Jursidiction issues etc. But it may be worth speaking to whatever FL agency handles crim. cases there
You still have a MA penalty issue in Maryland that will need to be dealt with
A another way to go may be to sue your nephew civilly for conversion, unjust enrichment, intentional misconduct under a fraud theory etc
These cases are not easy to win but given the sums taken, it may be worth a shot
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