Sorry to hear what you are going through, but the fact remains that a criminal act has been committed against you by your husband. If you do not press charges then in all likelihood you will become responsible for these loans as you have failed to have your husband prosecuted. Further, you have to realize that the longer you wait to sue you increase the risk of loosing the recollection of potential witnesses to testify for the prosecution; such as the loan agents or those you talked to who verified the information that your husband had taken credit using your identity. There is no telling whether your husband will ever become mentally stable because of his deception and discovery of his actions by you. Although your husband needs protection against himself and what he might do to himself, you need to protect yourself first and resolve the issue of a heavy debt.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Edited by LawNinvest on July 4 2007 at 12:26am

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I understand what you are saying. I don't know if you can give me any time parameters, but I am hoping to find out whatis a reasonable amount of time to have passed and still be able to report the fraud, and have the banks responsible, not me. As for those who lent the money, the communication was by phone and pretty much limited to getting a copy of the lease, the page with the signature on it, and the amount of money still owed. I don't think that there will be a problem with recollection.
If you could give me the answer to the question of time, that would help. Again, a reasonable amount of time which would still keep me off the hook.?

Not sure what you mean?

ARe you asking what the statute of limitations is for the lenders to go after you?

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No, I was told that if there is fraud it has to be reported to the banks. The question I have is how soon after discovering the fraud must I report it, and without risking being told that I should have let them know sooner, and therefore I would be responsible for the loans, not the bank.

Thank you for the clarification.

The time to prosecution would depend on the actual charges when you report it. Theft, fraud are typically felonies, so according to the New York timelines the prosecution can would have five years to prosecute for these crimes. This means that after five years they would not be able to prosecuted him for these crimes and you would remain responsible for these loans. Further the bank itself would have grounds to press charges against him for the deception as well, which I am somewhat surprised this has not yet happend.

There are many different levels for the same crime and each may have their own timeline, but assuming they are all felonies you would have five years to report the crime.


§ 30.10 Timeliness of prosecutions; periods of limitation.
1. A criminal action must be commenced within the period of limitation
prescribed in the ensuing subdivisions of this section.
2. Except as otherwise provided in subdivision three:
(a) A prosecution for a class A felony, or rape in the first degree as
defined in section 130.35 of the penal law, or criminal sexual act in
the first degree as defined in section 130.50 of the penal law, or
aggravated sexual abuse in the first degree as defined in section 130.70
of the penal law, or course of sexual conduct against a child in the
first degree as defined in section 130.75 of the penal law may be
commenced at any time;
(b) A prosecution for any other felony must be commenced within five
years after the commission thereof;
(c) A prosecution for a misdemeanor must be commenced within two years
after the commission thereof;
(d) A prosecution for a petty offense must be commenced within one
year after the commission thereof.
3. Notwithstanding the provisions of subdivision two, the periods of
limitation for the commencement of criminal actions are extended as
follows in the indicated circumstances:
(a) A prosecution for larceny committed by a person in violation of a
fiduciary duty may be commenced within one year after the facts
constituting such offense are discovered or, in the exercise of
reasonable diligence, should have been discovered by the aggrieved party
or by a person under a legal duty to represent him who is not himself
implicated in the commission of the offense.
(b) A prosecution for any offense involving misconduct in public
office by a public servant may be commenced at any time during the
defendant's service in such office or within five years after the
termination of such service; provided however, that in no event shall
the period of limitation be extended by more than five years beyond the
period otherwise applicable under subdivision two.
(c) A prosecution for any crime set forth in title twenty-seven or
article seventy-one of the environmental conservation law may be
commenced within four years after the facts constituting such crime are
discovered or, in the exercise of reasonable diligence, should have been
discovered by a public servant who has the responsibility to enforce the
provisions of said title and article.
(d) A prosecution for any misdemeanor set forth in the tax law or
chapter forty-six of the administrative code of the city of New York
must be commenced within three years after the commission thereof.
(e) A prosecution for course of sexual conduct against a child in the
second degree as defined in section 130.80 of the penal law may be
commenced within five years of the commission of the most recent act of
sexual conduct.
(f) For purposes of a prosecution involving a sexual offense as
defined in article one hundred thirty of the penal law, other than a
sexual offense delineated in paragraph (a) of subdivision two of this
section, committed against a child less than eighteen years of age,
incest in the first, second or third degree as defined in sections
255.27, 255.26 and 255.25 of the penal law committed against a child
less than eighteen years of age, or use of a child in a sexual
performance as defined in section 263.05 of the penal law, the period of
limitation shall not begin to run until the child has reached the age of
eighteen or the offense is reported to a law enforcement agency or
statewide central register of child abuse and maltreatment, whichever
occurs earlier.
(g) A prosecution for any felony defined in article four hundred
ninety of the penal law must be commenced within eight years after the
commission thereof provided, however, that in a prosecution for a felony
defined in article four hundred ninety of the penal law, if the
commission of such felony offense resulted in, or created a foreseeable
risk of, death or serious physical injury to another person, the
prosecution may be commenced at any time; provided, however, that
nothing in this paragraph shall be deemed to shorten or otherwise lessen
the period, defined in any other applicable law, in which a prosecution
for a felony designated in this paragraph may be commenced.
4. In calculating the time limitation applicable to commencement of a
criminal action, the following periods shall not be included:
(a) Any period following the commission of the offense during which
(i) the defendant was continuously outside this state or (ii) the
whereabouts of the defendant were continuously unknown and continuously
unascertainable by the exercise of reasonable diligence. However, in no
event shall the period of limitation be extended by more than five years
beyond the period otherwise applicable under subdivision two.
(b) When a prosecution for an offense is lawfully commenced within the
prescribed period of limitation therefor, and when an accusatory
instrument upon which such prosecution is based is subsequently
dismissed by an authorized court under directions or circumstances
permitting the lodging of another charge for the same offense or an
offense based on the same conduct, the period extending from the
commencement of the thus defeated prosecution to the dismissal of the
accusatory instrument does not constitute a part of the period of
limitation applicable to commencement of prosecution by a new charge.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

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Thank you for the response. It would be nice to know there's a five year mark, but from what I have been told by friends/lawyers , particularly two criminal attorneys, the longer I delay reporting the felony, the greater the likelyhood that the banks will say, why didn't you report this as soon as you found it out- now you are responsible for the loans, and we , the bank, are not. Clearly, the purpose of reporting the fraud is to absolve me from responsibility, and place it on the bank. Clear??

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So, let's say my argument in court would be that I was trying for the sake of my children to be freed of these debts without having to put their father in jail. Would that explanation be acceptable in the courts?

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I understand. Would there be any merit if my husband turned himself in- admitted the fraud, kind of confessed, etc. It't such a tough thing here. WOuld the court or whoever it is he would approach see this as a positive ?

It would all depend on the prosecution on how they want to handle his turning himself in. In criminal law as in other aspects of law everything is negotiable, even someone's sentence. Someone who voluntarily decides to turn themselves in would be in a better position to negotiate a lighter sentence versus someone who has escaped prosecution. It would all depend if the prosecution wants to be lienent or not with him. I do strongly suggest that he retain counsel in order to negotiate liency because typically the prosecution will not negotiate anything with a defendent who has no legal representation.

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