Real estate-civil or criminal?
I recently found out that a friend I've known since 4th grade has a drug problem. During her addiction she was dating a real estate agent who was also on drugs, the two of them together sold her house twice. They received payment for both sells. Is she facing jail time or is it considered civil?
- Larry RLv 61 decade agoFavorite Answer
That would be fellony fraud. Definitely criminal.
Might well be federal rap if there is any federal money involved (like a VA or FHA loan) or if it involved people in one or more states (if the bank that financed the loan was in a different state).
There would be wire fraud charges (if a phone was ever used) and mail fraud (ALWAYS A FEDERAL RAP) if the mails were used at any time, not to mention conspiracy.
Don't know the specifics but for a ball park figure you can go by this.
Conspiracy (18 U.S.C. § 371): Maximum punishment of 5 years’ imprisonment, a fine of $250,000, and three years supervised release.
Mail Fraud (18 U.S.C. § 1341): Maximum punishment of 20 years’ imprisonment, a fine of $250,000, and three years supervised release.
Wire Fraud (18 U.S.C. § 1343): Maximum punishment of 20 years’ imprisonment, a fine of $250,00, and three years supervised release.
Bank Fraud (18 U.S.C. § 1344): Maximum punishment of 20 years’ imprisonment, a fine of $250,000 and three years supervised release
The real kicker is the the sentencing guidelines for this sort of thing go by how much money was stolen... so if you are talking about a house...probably a quarter of a million minimum was taken I'd guess... that's pretty high up the charts.
Just to make it fun... that "time off for good behavior" stuff you hear about on TV...that doesn't apply to Federal crimes. State's do that. You can get between one third to one half of your sentence knocked off for good behavior in a state prison, but Federal sentences are "day for day". You get put in for 20 years, you do 20 years. Not 19 years 364 days, but 20 years. On the good side, unless you REALLY annoy the judge you get to serve all the sentences at the same time ("concurrently") not one after the other ("consecutively") so in the above example you would only get 20 years, not 65.
If the prosecutor is willing to deal, the first one that offers to rollsover and testifies against the other is going to get the easy sentence. The other one will get the max.
- 1 decade ago
Wow, that is crazy. They must have not went though a title company or they would have been caught trying to sell it the second time.
They will go to jail, and the buyers will probably be out the money if it has already been spent on drugs. If they did go through a title company, there will be title insurance and the people may be able to recoup their lose.Source(s): Real-Estate Paralegal
- jsmack19Lv 61 decade ago
She's definitely guilty of something. It depends on the state's specific laws. There was fraud, but criminally there needs to be intent. If she can show that being under the influence and duress from the boyfriend made her do it, she might be able to get out criminally, but she faces a civil suit, and she will be forced to make restitution to one of the buyers. If the second purchaser was one in good faith then it might be the first purchaser, but either way she is definitely civilly liable.
- puriforyLv 43 years ago
Florida oenlee bar yu if yu hav a criminal in section appropriate tu reel resources aktiv skandal now after Miami herald tale bout x-kon morgage brokers stold 80 5 milyun$. A proprosed tuffening timber amplify the time tu 7 yeers after felon get outta jael. appropriate: Sins Apr 2007, 100 and fifteen,000 florida felons had all theer rites restored (guvt no longer treet em like krooks).
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- CiticopLv 71 decade ago
Selling the same house to two different people at the same time is theft.
With the amount of money involved, she will be looking at prison time in addition to civil penalties and fines.Source(s): 8+ years Law Enforcement
- verybizzy2000Lv 41 decade ago
Sounds like it could be both. That was clearly a fraudulent thing to do. If she hurries and makes restitution to the second purchaser, maybe they won't press charges.