a lawyer who commits a hold-up at a bank.

Can a lawyer hold money for a client?

Answer (1 of 5): Im sorry i couldnt go into much detail in my original post, Quora has a limit on how many letters can go in the 1st topic. This debt is from 2007 , it is for non payment to a “discover card” this card is obviously not in current use, looks like …

Can a creditor put a hold on my bank account?

 · Once the bank receives the court order, it freezes (places a hold on) the funds in your bank account up to the amount of the judgment—possibly all the money you have in the account. You won’t be able to withdraw that money or use the funds to cover checks you’ve written. Next, you’ll get a notice that the creditor has levied your bank ...

What is a hold-up problem?

Generally, to file a claim in small claims court, you must file a document known as a complaint. The bank must receive a copy. The bank may then file an answer. Once the court has copies of the complaint and the answer, the court will set a trial date. At the trial, each side presents their evidence. The court then makes a decision.

What happens when a court order is placed on a bank?

 · My question involves judgment recovery in the State of IL: I contacted the lawyer that represents the doctor that put a medical judgement against me and a hold on my account. We entered into an agreement. The agreement was for a conditional release of my bank account if I authorized my bank to send them $650. My bank has sent them the $650 but ...

What is a legal bank robber?

(a) Whoever, by force and violence, or by intimidation, takes, or attempts to take, from the person or presence of another, or obtains or attempts to obtain by extortion any property or money or any other thing of value belonging to, or in the care, custody, control, management, or possession of, any bank, credit union ...

What is legal robbery definition?

The unlawful taking of property from the person of another through the use of threat or force. criminal law.

What are the requirements of a criminal conspiracy?

A punishable conspiracy exists when at least two people form an agreement to commit a crime, and at least one of them does some act in furtherance to committing the crime. Each person is punishable in the same manner and to the same extent as is provided for the punishment of the crime itself.

What statute gives the general definition for bank robbery that the 9th Circuit would follow?

Shall be fined under this title or imprisoned not more than twenty years, or both.

What does embezzlement mean in law?

the fraudulent appropriation of propertyUnited States, 160 U.S. 268, 269 (1895), the Supreme Court defined embezzlement in the following terms: Embezzlement is the fraudulent appropriation of property by a person to whom such property has been entrusted, or into whose hands it has lawfully come.

Who is liable for theft?

308. Who are liable for theft. —Theft is committed by any person who, with intent to gain but without violence against, or intimidation of persons nor force upon things, shall take personal property of another without the latter's consent.

What is the jail sentence for conspiracy?

Federal sentencing guidelines for conspiracy charges are based on the crime at the center of the conspiracy. For example, if you are charged with conspiring to commit a felony, you could face a sentence of life in prison. Many federal conspiracy charges carry a 5, 10 or 20-year mandatory minimum prison sentence.

What are the four elements of a conspiracy?

§ 846), the Third Circuit stated that, “'[o]ne of the requisite elements the government must show in a conspiracy case is that the alleged conspirators shared a “unity of purpose”, the intent to achieve a common goal, and an agreement to work together toward the goal. ' ” 472 F.

What are the four elements of conspiracy law?

Those elements are: 1. You must have 2 or more persons who 2. Intentionally 3. make an agreement 4. to violate federal law or defraud the United states, and then 5.

What is a Hobbs Act robbery?

The Hobbs Act defines robbery as unlawfully taking another person's property “by means of actual or threatened force.” The second statute is 18 U.S.C. § 924(c), which makes it a federal crime to use a gun in connection with any “crime of violence” that can be prosecuted in federal court.

What is the punishment for bank robbery under the United States Code?

If you are convicted of federal bank robbery in California, you face up to 20 years in state prison. If you are found guilty of felony bank robbery in violation of 18 USC 2113, you face a sentence of up to 20 years in federal prison, a fine of up to $250,000 or both fine and imprisonment.

Do bank robbers get caught?

Bank robberies are still fairly common and are indeed successful, although eventually many bank robbers are found and arrested. A report by the Federal Bureau of Investigation states that, among Category I serious crimes, the arrest rate for bank robbery in 2001 was second only to that of murder.

What happens when a bank receives a court order?

Once the bank receives the court order, it freezes (places a hold on) the funds in your bank account up to the amount of the judgment— possibly all the money you have in the account. You won’t be able to withdraw that money or use the funds to cover checks you’ve written.

How to avoid bank account seizure?

If you already have a judgment against you and you want to avoid a bank account seizure, consider contacting an attorney. If you can't afford to hire an attorney, you may seek help from a legal aid office or legal clinic in your area.

What is the IRS levy process?

IRS Levy Process. Before taking your money, the IRS will send you a “Notice and Demand for Payment” (a tax bill). The notice advises you that taxes are due, and it states the amount of tax, interest, and penalties. You might be able to avoid an IRS levy so don’t ignore any IRS billing notices.

How does a creditor get a judgment?

The creditor begins the process of getting a judgment by filing a lawsuit against you in court. If you don’t respond to the suit, the creditor will get a default judgment—an automatic win—that orders you pay money to the creditor. The judgment amount will be what the creditor asked for in the complaint (the document that started the suit). If you respond to the lawsuit and lose, the creditor will get a judgment that, again, usually reflects the amount specified in the complaint. And if you and the creditor settle, the judgment will reflect the amount of the settlement. In all of these scenarios, the victorious creditor will end up with a judgment that states the total amount of money you owe.

What happens if you don't pay your debts?

If you don’t pay your debts, the money you keep in your bank account could be at risk. To take funds out of your account, most creditors first have to file a lawsuit against you and get a judgment from the court. Once a creditor has a money judgment, it can use a particular collection procedure called “levying” ...

What is the rule that protects Social Security?

A U.S. Department of Treasury rule requires the bank to protect certain federal benefits—like Social Security, Supplemental Security Income (SSI), or veterans’ benefits—from seizure by creditors. Under this rule, the bank must protect two months’ worth of federal benefits if the funds were directly deposited into the account.

Can a creditor garnish your wages?

Once the creditor obtains the money judgment, it can get a court order to seize the money in your bank account. (To learn more about how creditors can collect secured and unsecured debts, like by garnishing your wages, see Creditors’ Legal Rights .)

What can a bankruptcy lawyer do?

An experienced bankruptcy lawyer can explain your rights and options. The lawyer can also assist you in preparing a lawsuit and in representing you in court.

How to prevail in a bank discrimination lawsuit?

To prevail in such a lawsuit, you must prove the bank intentionally discriminated against you on account of your race, religion, gender, color, or national origin. Find the Right Finance Lawyer. Hire the right lawyer near your location. Find My Lawyer Now!

What does GLBA require banks to tell customers?

The GLBA requires banks to tell customers about what kinds of information the banks collect, and what businesses the banks may provide the information to. If a bank intends to share your nonpublic personal information with another entity, the bank must give you the choice to ‘opt out” (say “no”) to that sharing.

What happens if a bank violates the GLBA?

If the FTC finds the bank has violated the GLBA, the FTC may impose monetary fines and prison time on banks and bank employees who are responsible for the violation. Under the GLBA, there is no private right of action; that is, individuals cannot file private lawsuits in civil court against a bank.

What is the Gramm-Leach-Bliley Act?

A federal law known as Gramm-Leach-Bliley Act ( GBLA) regulates how banks may handle consumer information. Under the GLBA, consumer banking customers have rights with respect to their nonpublic personal information (NPI). This information includes information consumers provide to banks to obtain a financial product or service, ...

What to do if a bank violates your rights?

If you believe that a bank has violated your rights, you should consider contacting a bankruptcy lawyer near you. Before you contact the attorney, you should gather information about your claim that the attorney will ask you about. This information includes records pertaining to your claim, including financial documents.

What is a small claims court?

Small claims courts are specialized courts that hear claims involving limited monetary damages (damages of up to a certain amount only). Each state’s small claims court system has its own damages amount and filing procedures. Generally, to file a claim in small claims court, you must file a document known as a complaint.

Legal Hold on a Bank Account

My question involves judgment recovery in the State of IL: I contacted the lawyer that represents the doctor that put a medical judgement against me and a hold on my account. We entered into an agreement. The agreement was for a conditional release of my bank account if I authorized my bank to send them $650.

Re: Legal Hold on a Bank Account

If your bank claims that it committed an error and has apologized, why won't it release the hold?

How does a robber take property from the victim?

For example, a robber takes property from the victim's presence if the robber locks the victim in one room and then takes the valuable from another room. There is sufficient proximity even though the victim cannot see through the walls into the room where the valuables are stored.

Who wrote the law dictionary?

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.

What happens when a robber takes possession of a property?

Once the robber takes possession of the property, the offense is complete, even if the robber later abandons the property. The personal property that is taken must have some value, but the amount of its value is immaterial. The crime of robbery can be committed even if the property taken is of slight value.

What does it mean to take property from a robber?

Robbery requires a taking of property from the person or presence of the victim, which means that the taking must be from the victim's possession, whether actual or constructive. Property is on the victim's person if it is in his hand, in the pocket of the clothing he wears, or otherwise attached to his body or clothing. The phrase "from the presence" or "in the presence" has been construed to mean proximity or control rather than within eyesight of the victim. For example, a robber takes property from the victim's presence if the robber locks the victim in one room and then takes the valuable from another room. There is sufficient proximity even though the victim cannot see through the walls into the room where the valuables are stored.

What is the definition of robbery?

Robbery requires a taking of property from the person or presence of the victim, which means that the taking must be from the victim's possession, whether actual or constructive. Property is on the victim's person if it is in his hand, in the pocket of the clothing he wears, or otherwise attached to his body or clothing.

What are the elements of robbery?

The general elements of robbery are the taking of Personal Property or money from the person or presence of another, the use of actual or constructive force, the lack of consent on the part of the victim, and the intent to steal on the part of the offender. Neither deliberation nor premeditation is necessary, nor is an express demand for ...

Can robbery be committed?

The crime of robbery can be committed even if the property taken is of slight value. Actual monetary value is not essential as long as it appears that the property had some value to the person robbed. The property does not have to be taken from the owner or holder of legal title.

What is the hold up problem?

In economics, the hold-up problem (or commitment problem) is central to the theory of incomplete contracts, and shows the difficulty in writing complete contracts. A hold-up problem arises when two factors are present: Parties to a future transaction must make noncontractible relationship-specific investments before the transaction takes place.

How to solve a hold up problem?

A solution to the hold-up problem is vertical integration such as a merger in which all parts of the body are being produced internally rather than outside. Vertical integration shifts the ownership of the organizational asset of the firm and therewith creates more flexibility and avoids potential of a hold-up. In that way, the (transaction) costs associated with contractually induced hold-ups are saved and also the costs associated with the number of contracts written and executed. Hold-up problems are created from the existence of firm-specific investments.but also from the set of long-term contracts that are used in the presence of the certain investments. Whether a vertical integration is adopted as a solution to the hold-up problem depends on the magnitude of the specific investment and the ability to write long-term contracts, flexible enough to avoid a potential hold-up. However, the ability to write flexible long-term contracts strongly depends upon the underlying market uncertainty and the reputation of the company. Therefore, those factors will also influence the likelihood of vertical integration. The extent to which vertical integration can alleviate the hold-up problem also depends on the information structure. While traditional incomplete contracting models of vertical integration such as Grossman and Hart (1986) assume symmetric information, Schmitz (2006) has extended the incomplete contracting framework to allow for asymmetric information.

What is the purpose of each party commits to participate in a contract?

Each party commits to participate so all parties are willing to sign the contract at the time of signing.

What is Rogerson's theory of hold up?

Rogerson (1992) showed the existence of a first-best contractual solution to the hold-up problem in even extremely complex environments involving x agents with arbitrarily complex transaction decisions and utility functions. He shows that three important environmental assumptions must be made:

Why is inefficiency caused by the hold up problem?

Inefficiency is caused by the hold-up problem when B is reluctant to make the investment ex ante from the fear that S uses its extra bargaining power to its own advantage. In that case the supplier is 'holding up' the buyer.

Why do two parties have a hold up problem?

The hold-up problem is a situation where two parties may be able to work most efficiently by cooperating but refrain from doing so because of concerns that they may give the other party increased bargaining power and thus reduce their own profits.

Does hold up create inefficiencies?

According to Rogerson (1992) the hold-up problem does not necessarily create inefficiencies; when it does, one of the above requirements is not satisfied. The requirements are necessary to come to an absolutely best solution.

How did the criminals learn their behavior?

They learned their behaviors through their association and interaction with others who are involved in similar white collar crimes. 2. General Theory of Crime. The General Theory of Crime is also known as the Self-Control Theory of Crime. It was put forth by Travis Hirschi and Michael Gottfredson in 1990.

What causes white collar crime?

What causes white collar crime? These crimes are committed by individuals who want to live a certain lifestyle and be among a specific social circle or are going through a life crisis such as a divorce or illness. It can involve lawyers, doctors, bankers, accountants, real estate agents, and anyone who has control over financial matters. Let's dive into what white collar crime is and examine the theoretical explanations for what motivates these types of criminals.

What was Financier Richard involved with?

Financier Richard was involved with two drug gangs in Harlem. He moved drug money through his business from the gangs in a way that cleaned the money. Richard was committing a white collar crime called money laundering, which is when someone takes money obtained illegally and essentially runs it through a legitimate business in order to cover one's tracks. What motivates Danny and Richard?

What is the FBI?

The Federal Bureau of Investigation (i.e., the FBI) is charged with overseeing the investigation of white collar crimes; however, the FBI is dependent on other law enforcement and regulatory agencies. These types of crimes are often international in nature and require the assistance of the Securities and Exchange Commission, the Internal Revenue Service, the U.S. Postal Inspection Service, the Commodity Futures Trading Commission, and the Treasury Department's Financial Crimes Enforcement Network.

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What happens if you pay upfront for a lawyer?

Anytime you pay an upfront fee, you risk the lawyer not doing much or any work.

Why do law firms charge high billing rates?

Sometimes, law firms use high billing rates to stick clients with unnecessarily expensive bills for research, secretarial work, and other low-level tasks.

How much money did Sullivan and Cromwell misappropriate?

For example, a lawyer at Sullivan & Cromwell used these techniques and others to misappropriate over $500,000 before being disbarred in 2008, according to the Wall Street Journal. Besides outright false expenses, the lawyer admitted to improperly billing for personal "meals, travel and lodging" and first-class tickets on international flights, for which he paid for coach or business-class tickets, pocketing the difference.

How much did Vick's lawyers charge for his bankruptcy?

Faced with a $2.66 million fee for a bankruptcy case, Vick learned that his lawyers were charging for extensive overhead expenses. As Am Law Daily noted, these included the cost of running air conditioning during the weekend; taxi rides home for employees working late; and $1,200 for plane tickets from New York to Kansas.

How much did the attorneys charge for the Ponzi scheme?

Allen Stanford Ponzi scheme recovered only $81 million. According to the AP, the attorneys charged $27 million for three months of shoddy work.

Is it justifiable to spend big bucks on litigation?

Like a sick person, a company facing litigation is willing to spend big bucks to get out of a trouble. It's entirely justifiable, and lawyers are only too happy to oblige, billing clients for every minute worked, and then some.

Do lawyers squeeze money out of clients?

Like all consultants, some lawyers find questionable ways to squeeze money out of clients. Some are legal, some aren't, but all will make a CFO's blood boil.

What did the defendant know about the bird in her possession?

The defendant knew that the bird in her possession was a member of an endangered species.

Why affirm conviction in a carpenter case?

Affirm the conviction, because the evidence is sufficient to establish that the carpenter acted with malice.

What happened to the necklace that was owned by the grandmother?

An attorney represented a client in a legal battle over a valuable necklace that had belonged to the client's deceased grandmother. The attorney told the client, who had possession of the necklace, that the client was legally required to leave the necklace with the attorney until the legal issues were resolved. In fact, there was no such requirement. Rather, the lawyer intended to sell the necklace and retire on a small island where the lawyer believed she would never be found. After the client gave the necklace to the lawyer, the lawyer sold the necklace to a jeweler. The jeweler, who had known the grandmother, later recognized the necklace as the grandmother's, and he called the police. The attorney was arrested at the airport later that day.

Why should a lawyer not suppress evidence that he or his client has a legal obligation to reveal or produce?

CODE], Ethical Consideration [hereinafter cited as EC] 7-27 reads in pertinent part as follows: "Because it interferes with the proper administration of justice, a lawyer should not suppress evidence that he or his client has a legal obligation to reveal or produce." ABA CODE, Disciplinary Rule [hereinafter cited as DR] 7- 102(A)(3) states that while representing a client, a lawyer shall not "conceal or knowingly fail to disclose that which he is required by law to reveal."

What is the attorney's duty to the court?

The Attorney's Duty to the Court Against Concealment, Nondisclosure and Suppression of Information as Coextensive with the Duty Not To Allow Fraud To Be Committed upon the Court

Why did Sullins not disclose the information contained in the letter?

clause or that the nephew could not assign his interest would be helpful , the court held, only if Sullins had in good faith believe d these were reasons not to disclose the information contained in the letter. There was no evidence that he really.believed these were valid reasons for his failure to disclose. According to the court, the duty to the creditors of the estate was no defense because sections 6068 and 6128 of the Business and Professions Code absolutely pro- hibit an attorney from misleading or deceiving the court and Sullins admitted the c~ncealment.~ Public reproval was found to have been the appropriate dis~ipline.~

What is the duty of a prosecutor in a criminal case?

204 The Journal of the Legal Profession A prosecutor in a criminal case has a strong obligation to dis- close information even if it is harmful to the prosecution efforts.29 An attorney does not have the same obligation to produce evidence unfavorable to his side, in either a criminal or civil case, but he may not conceal or suppress evidence necessary for a just determination of a cause.30 This does not mean that a just determination was not reached in the case where Williston did not inform the court of the information contained in the letter he possessed, because a just determination is made when both parties perform their duties and the court performs its duty.3' Williston performed his duty by being loyal to the client's case and yet, suppressing or concealing no evi- dence which he should have revealed. While in most cases an attor- ney does not have the duty to introduce evidence harmful to his client, he may not take steps to prevent the court from having the truth presented to it.32 The attorney in In re Williams33 was found to have breached his professional responsibility by advising the de- struction of a decedent's written instructions as to the disposition of property with knowledge that they would be needed at trial. In Bar Association v. Greenh~od,~~ an attorney was disbarred for not

What is the most distinctive element of a lawyer's work?

The most distinctive element in the lawyer's work is the method used for the determination of controversies not otherwise resolved. A trial is not a dispassionate and cooperative effort by all the parties to arrive at justice. It is the adversary system, the competitive system in the administration of law. In a court there is a judge, who is to pass on the questions, and there are lawyers on each side. Under the American system, the judge is relatively passive, listening, moderating, and pass- ing on what is offered to him. But neither the judge nor any other representative of the public is active in developing the facts. The law- yers are the ones who develop and present the case. They do so, each for his own side and not for both sides. If one lawyer is poor or lazy, his side suffers accordingly. If the other side is unscrupulous, his side may benefit unduly. Id. at 409. 29. Turner v. Ward, 321 F.2d 918 (10th Cir. 1963); ABA CODE, EC 7-13. See generally Comment, Actions Against Prosecutors Who Suppress or Falsify Evidence, 47 TEX. L. REV. 642 (1969). 30. See Annot., 40 A.L.R.3d 169 (1971); Annot., 1917B L.R.A. 384. 31. See generally CURTIS, IT'S YOUR LAW (1954). See also Curtis, The Ethics of Advocacy, 4 STAN. L. REV. 3, 12 (1951), where the following language appears: "The administration of justice is no more designed to elicit the truth than the scientific approach is designed to extract justice from the atom."

What is the true reconciliation of the primary duty of fidelity to the client?

compliance with these limitations [imposed upon advocacy by the standards of the profession] that is the true reconciliation of the primary duty of fidelity to the client, with the constant and ever-present duty that the lawyer has as a part of the ad- ministration of justice owing to the minister of justice in the person of the judge. 'l

What was the purpose of the case 458, 126 N.Y.S. 456?

572, 95 N.E. 1124 (1911). In the latter case, the attorney sought to obtain letters written by his client which might have shown immorality. The court held that if there was no purpose to prevent evidence that might be relevant to possible litigation from being available on trial, then there was no wrongdoing.