Legal Question in Criminal Law in New Jersey

Theft by deception; and jurisdiction

I am a New Jersey resident while defendant is a resident of California. On 6/28/2002, my brother and defendant were married in the Philippines. Defendant then petitioned my brother as an alien relative. Prior to my brother's approval of his U.S. visa application, defendant wrote a letter to the U.S. Consulate in Manila withdrawing her petition. A month later she demanded of this complainant the sum of $2,000.00 which I immediately sent to her in California. The money, according to her, was needed to reinstate her petition. The petition was subsequently reinstated. However,in July of 2004, or prior to the approval of my brother's visa application, she wrote a second letter to the U.S. Consulate withdrawing for the second time her petition. This time, she had asked for more money from me through my brother. I didn't send her any amount because I felt like being coerced.

Now, I just want back my $2,000.00. The money taken away from me by and through her trickery, machination and with the intent to deceive me or my brother.

Is this a case of theft by deception? I made and signed the check to her here in NJ. It was deposited in California and eventually paid by my NJ Bank. Which state has jurisdiction?

Thanks.


Asked on 3/17/05, 11:47 am

1 Answer from Attorneys
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: Theft by deception; and jurisdiction

Under the facts as you described them it would appear that you were not coerced in the legal sense, but rather gave the money to your sister in law voluntarily. Perhaps there is some extortion aspect here, but that is something you would have to bring to your local police or, since we are dealing with an interstate issue, maybe the U.S. Attorney's office nearest you. Either way, this is not so much a legal matter as a police matter.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 3/17/05, 1:40 pm


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