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Remedies for Civil Fraud, Theft and Misrepresentation in Wisconsin
When the economy is tough it can push people to do desperate things. As businesses are struggle, sometimes people in places of trust act in a manner that may or may not be indicative of their personality. Wisconsin business owners, customers or clients can become the victim of financial misconduct at the hands of a trusted fiduciary. What types of remedies exist in Wisconsin so that a person can recover if they are a victim of theft or misrepresentation?
This, of course depends solely on the scenario and facts in the incident. Traditionally, if you were involved in as a victim or perpetrator of financial fraud or malfeasance, you could be the subject of a number of Wisconsin common law tort claims such as misrepresentation, conversion, fraud, breach of fiduciary among others. Not to mention one can open themselves up to criminal prosecution. That being said, the economic loss doctrine, which has been embraced by Wisconsin courts, has made pursuing common law tort claims against businesses, individuals and other fiduciaries more difficult when there is a specific contract for goods or products provided. Depending on the facts and situation it is not impossible; however, pursuing a common law tort claim can be more challenging for plaintiffs in these situations when a contract is present. With that in mind, there are a number of Wisconsin statutes that provide relief to victims of financial theft, fraud or malfeasance.
Wisconsin Shoplifting Charges Vary Widely
Shoplifting is a common theft crime to be charged with, and in Wisconsin the penalties can range from non-criminal tickets to felony charges, depending on the value of what was taken. It is important to not only be familiar with the laws governing theft in Wisconsin, but also the laws specifically related to shoplifting. The law in this area is varied, and if you have been arrested for shoplifting, you need experienced legal help to guide you through the many regulations.
Wisconsin Laws Governing Theft
There are a number of circumstances in which you may be charged by the prosecutor with theft. For example, intentionally taking the property of another without their consent and with the intent to deprive the owner permanently of possession of the property is one form of theft. Using fraud or deceit to obtain the title to property of another person is also theft under Wisconsin law, as is using or otherwise retaining possession of money through your employment or business without consent. Even intentionally failing to return personal property erroneously left on your premises can be theft. Shoplifting, also called retail theft, falls under the first category.
What Constitutes Theft or Larceny Charges in Wisconsin?
At first glance, the term larceny (theft) might seem pretty straightforward. However, under Wisconsin state law, there are a number of actions that could constitute charges of theft. It is important to understand these statutes, and their definitions, when facing such charges. You may also find it beneficial to know what the consequences may be, should you be convicted.
Definition of Theft under Wisconsin State Law
In the state of Wisconsin, theft or larceny can be defined as any act that includes:
- Intentionally taking the movable property of another person without their consent with the intent of permanently depriving them of that property;
- Converting the use of property from one person to another without the owner’s consent, including (but not limited to) doing so because of a person’s office or position;
Five Things to Know...About Your Civil Appeal in Wisconsin
Do you think your civil case is appropriate for a civil appeal. Here are five things to think about before you file in the State of Wisconsin.
1. Not every order is appealable - You cannot appeal until there is a "final" order or judgment in your case. To be final, an order or judgment must dispose of the entire matter in litigation between you and the opposing parties.
2. You cannot appeal an oral ruling - To be appealable, an order or judgment must be in writing and entered in the court docket.
3. The 45/90 Day Rule - The deadline to appeal is 90 days from entry of the final order or judgment; HOWEVER, if your opponent issues a documents a notice of entry of judgment, the deadline is cut to 45 days.
4. Appellate deadlines are jurisdictional - A notice of appeal must be in the hands of the clerk of court in the county where your case was heard by the deadline. It is not enough to mail the document on the deadline. Therefore, a decision to appeal must be made to allow your lawyer sufficient time to prepare the documents and get them to the courthouse on time.
Frank Gimbel Weighs In on Apple vs. Samsung Case - Fox6 Legal Matters
There is a real battle brewing between tech giants Apple and Samsung with regard to new advances in both Smartphone and tablet technologies. As Gimbel points out, this intellectual property fight is taking place simultaneously in 80 cases, 10 countries and four continents. It will be interesting to see how it plays out in the US based case, which is primarily being fought in California's Silicon Valley. See the video below for more details into this interesting and potentially game changing clash.
Concealed Weapon Law in Wisconsin
Wisconsin passed Act 35, a concealed weapon statute, in 2011. The statute makes provisions for Wisconsin residents to carry concealed weapons under certain circumstances. If you are not eligible to do so and are caught with a concealed weapon, you face serious criminal penalties and fines, so it is important to be familiar with the provisions of Act 35.
What Is a Concealed Weapon?
To understand what a concealed weapon is, you must understand how “concealed” is defined under the law, and even more broadly, what constitutes a “weapon” under Act 35. According to the law, concealed does not necessarily mean 100 percent hidden from view (like a gun inside of a holster inside of a zipped jacket), but it can also refer to weapons that are partially concealed. So, for instance, if you have a knife clipped to your belt loop or a holstered gun in your open jacket, you may be carrying a concealed weapon. The next important term to understand is “weapon”. When you hear the words concealed weapon, most likely what pops into your mind is a handgun. A weapon, however, is not limited to guns in Act 35. Knives, stun guns, and ASPs (batons) all require the holder to have a concealed carry permit. When it comes to the definition of concealed weapon, it is always better to be cautious. If you are unsure, you should contact an experienced Wisconsin criminal defense lawyer who is familiar with the provisions of Act 35. Who Is Authorized to Carry a Concealed Weapon in Wisconsin?Not everybody is eligible under the law to carry a concealed weapon. To be licensed to carry a concealed weapon, you must first submit a license application to the Wisconsin Department of Justice, which is available online. It takes several weeks after submitting an application to be approved, and under no circumstances are you allowed to carry a concealed weapon until the approval process is complete.
Straw Purchasers of Firearms Face Serious Charges
The recent decision against a Milwaukee gun store in the shooting of two Milwaukee police officers has brought the issue of straw purchases of firearms to the forefront. A straw purchase occurs when somebody purchases a firearm for another person while pretending to purchase it for personal use. This crime is being prosecuted more vigorously as of late, and comes with a potential for a very long prison sentence. Therefore, if you are being charged with making a straw purchase of a firearm, it is very important to have an experienced criminal defense attorney by your side from the very beginning.
Laws Criminalizing Straw Purchases
Wisconsin law makes it a crime to provide false information to a gun dealer with the intent to purchase a firearm and then transfer it to a person prohibited from obtaining one. Straw purchases of firearms are also violations of federal law, and under both state and federal law, it is a felony that carries the potential for a long prison term.
How to Avoid Probate
By Attorney Denis Regan
Sorting through the sometimes murky waters of an estate after a loved one has passed away can be a difficult and confusing proposition. Add to this the potential of going through a long probate battle and it can become doubly challenging. The mere mention of the word probate can strike fear into the hearts of even the heartiest of souls.
Probate is the legal process for the distribution of an individual's assets after they have passed away. In essence the court inventories the assets of the deceased individual and distributes them to the appropriate heirs or beneficiaries after all debts are paid. Many people falsely believe that if you have a will, you will avoid probate. However, this is not the case. In actuality, probate comes from the Latin word for "prove" meaning that the probate process proves the validity of the will.
National Estate Planning Awareness Week, October 19-25, 2015
In 2008, Congress passed a resolution proclaiming the third week in October as National Estate Planning Awareness Week. The resolution noted that “Many Americans are unaware that lack of estate planning and financial illiteracy may cause their assets to be disposed of to unintended parties by default through the complex process of probate.” It is estimated that more than 50% of the adult population, roughly 150 million Americans, do not have an up-to-date estate plan to protect themselves, and their families’ assets.
Who Benefits From Estate Planning?
The purpose of estate planning is to develop a strategy that will maintain the financial security of individuals through their lifetime and ensure the intended transfer of their property and assets at death, while taking into consideration the unique circumstances of their families. All too often, we hear:
Scene From "The Incredibles" Captures the Plight of Many Denied Insurance Claims
I had the opportunity to watch the movie "The Incredibles" again this past weekend and one scene struck me as somehow familiar. The scene follows the lead hero character, Mr. Incredible, years later as he was forced into retirement with all superheroes because of "liability reasons." He is working a regular job under an assumed name, Bob Parr, as an insurance claim handler. In the scene noted above, Parr is forced deny a claim of his "client" who was an elderly female senior citizen claimant. Reverting back to his inner persona, he then feels bad and advises this claimant of some "tricks of the trade" and suggests some tactics for her to get her claim covered. If only life imitated art.
Often times, people unfairly assume that when they suffer a serious claim that their insurance company is going to help. That is not always the case. For many people who have had an insurance claim, whether it was a car accident, uninsured or underinsured motorist claim, health insurance claim, life insurance claim, fire or property damage claim or any other type of personal injury claim, people find that insurance claims' handlers are not "superheroes" in hiding trying to help them get their claim paid. In fact, as the claims' handlers see it, they are protecting their employer's interests by denying claims or paying as little as possible.
