QUESTION

Can a person be deported because of trustee fraud?

Asked on Feb 12th, 2013 on Criminal Law - California
More details to this question:
My father died and while I was living in Japan his wife was one of the trustees of his trust. She sold a truck of mine and acted as the owner and got new title using my father’s death certificate. It was my truck and I emailed her that under no way was the truck to be sold due to it was my truck. My father and I have same name. Is she guilty of a felony? She kept the money. Can she deported by this she is not an American citizen. Can she be removed from the trustee?
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5 ANSWERS
Answered on Feb 18th, 2013 at 7:34 PM
Curious...is this what your father would have wanted for his wife. Good luck to you.

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Answered on Feb 17th, 2013 at 11:38 PM
Yes there is a possibility that she could be deported if she was convicted of forgery.

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Answered on Feb 17th, 2013 at 11:24 PM
Your question is really in two parts: First, is fraud grounds for deportment for a non-citizen and Second, can she be removed as trustee. As with most legal questions, the answer depends on the specific facts of the case, but from what you've said here it sounds like the answer to your two questions is possibly yes and yes. In general, being found guilty of a crime provides sufficient grounds for the Federal government to deport someone, but the biggest component of that is that the individual is convicted of a crime. If you gather evidence and present it to the local police department, they may be willing to arrest your father's widow. However, there is no guarantee that the police will explore the case or agree with your interpretation of the facts. In general, you have a legal recourse if an individual misappropriates your property for their own gain. You can bring a wrongful conversion lawsuit against them and try and get the money back for your truck. If you are a beneficiary of your father's trust, you may also be able to bring a lawsuit for improper management of the trust, but in general you have to have an economic interest in the trust to involve yourself in its management. Depending on your truck's value, you may be able to find an attorney to take your case on contingency, which is to say they will keep a percentage of the ultimate award.

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Answered on Feb 17th, 2013 at 11:11 PM
Crimes of moral turpitude include lying and stealing - I think this would fit that even if misdemeanor.

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Answered on Feb 17th, 2013 at 9:24 PM
Yes, a person can be deported if they commit any crime involving fraud. Talk to the local police about reporting her.

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