Legal Question in Wills and Trusts in Florida

If it comes to the attention of an attorney that fraud has been committed by his client and the client is willing to rectify it even though it may mean jail time, could the attorney assist his client in making plans for FUTURE restoration due to the huge amount owed? For example, putting the stolen money owed n the stock market to gain treble the amount owed under Florida civil theft? And, would an attorney allow it to gain value even if it meant the defrauded person may have died in the interim and the money stolen given to the heirs of defrauded person? I am wondering how long can the money be withheld from the defrauded person. Until the person who committed the fraud dies so there is no jail time when the money is given back since the "criminal" has died? Is that ethical?

I guess I am wondering how far an attorney can go to keep his client out of jail. To the point of waiting to return the money when everyone involved is dead and have the money go to the heirs of the defrauded person? If so, it doesn't seem right to me. Thanks.


Asked on 1/29/14, 5:39 pm

1 Answer from Attorneys
Michael Spoliansky Attorney Michael Spoliansky

An attorney cannot assist you in perpetrating a crime. Any attorney who is going to accept stolen money, knowing its stolen, and invest it in the stock market is going to lose their license and face criminal charges.

Despite what people may think, Attorneys are held to some of the highest ethical standards of any profession. We are sworn to uphold the law and will not help you break it.

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Answered on 2/12/14, 9:37 pm


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