What is the federal or NY State statute of limitation on bank fraud? Thx in advance?

[uponit7771]

What is the federal or NY State statute of limitation on bank fraud? Thx in advance?


Looks like Red Don has some bank fraud issue's of himself

[The Velveteen Ocelot]

1. It's 5 years for most federal crimes, not sure about NY.

[Nevilledog]

2. Some exceptions to the 5 years

Looks like longer statute of limitations for some financial crimes against banking institutions and when there's a conspiracy. Also, difficulty is obtaining foreign documents can have an effect.


https://fas.org/sgp/crs/misc/RL31253.pdf

[CountAllVotes]

3. link here

Hope this helps; sounds complex IMO.

https://www.federalcharges.com/new-york-fraud-laws/

[hlthe2b]

4. Generally six years from occurrence, but there are excemptions, apparently

https://legalbeagle.com/6613777-statute-limitations-fraud-new-york.html
Statute of Limitations in NY

In New York, the statute of limitations on fraud begins to run on the date the plaintiff (the party bringing the lawsuit) is harmed by the fraudulent conduct. This is known as the accrual date. Under CPLR 213, the plaintiff must file the lawsuit within six years of the accrual date. Alternatively, the plaintiff may file the lawsuit within two years from the time he discovered, or should have discovered, the fraud.

Pausing the Statute of Limitations

Under New York law, the statute of limitations pauses under certain circumstances. For example, when a person under the age of 18 is harmed by fraud, the statute of limitations does not begin to run until he turns 18. When he turns 18, he has three years to file a lawsuit. However, if applying this law reduces the total time the minor has to file a lawsuit, the rule does not apply and the statute of limitations is six years from the accrual date.

The statute of limitations also pauses when the plaintiff lacks the mental capacity to protect his rights. When the plaintiff regains mental capacity, he has three years from that date to file a lawsuit. This is subject to a maximum of 10 years from the accrual date of the fraud.

[RockRaven]

5. Not a lawyer, but I think I've heard/read that statutes of limitation can be

complicated, in a good way given this context, by conspiracy charges. Something along the lines of: even if the criminal action in question would be now beyond the statute of limitations on its own, if the perpetrator continues to act in furtherance of the criminal conspiracy which that original action was a part of, the relevant date for statute of limitations purposes is the date of the last action which furthered the conspiracy. Essentially the clock resets and starts counting down anew every time you commit a related crime which is part of the same overarching criminal conspiracy.

But I can't remember where I saw that, so I could be totally off base.

[uponit7771]

6. Got it, so someone can't say I "started" this crime 7 years ago so there for the SoL are run out ...

... but they're still continuing in the same line of crime.

Sounds like Red Don con be brought up on bank fraud if there's proof he's still misrepresenting his finances to the banks.