Expert: Morgan Smith - 11/12/2011

Question
My friend pled guilty to embezzelment, served jail time, did probation and is done.  Now the City she stole from is suing her in civil court, and seeking "restitution".  Can this be sought as such, after jail time/probation served?  If they win the suit and money is owed to them, can she declare bankruptcy or settle to make payments on what is owed?  This incident occurred over 5yrs ago in the state of Nebraska.    Thank you

Answer
Dear Mary,

Before I respond further to your question, I must make clear that I do not represent you, and cannot give you individual particularized legal advice. No attorney client relationship is created by this email. For legal advice, you should hire your own attorney, and follow their advice. My role with AllExperts is limited to providing general information and suggestions for educational or general knowledge purposes.

Before you take any action, consult with your own attorney. Speak to an attorney licensed to practice law in your state about the strengths, weaknesses, and likely outcomes of any contemplated cause of action or defense.

Your question is about double jeopardy, civil and criminal liability and bankruptcy.  

You may have heard of the protection against double jeopardy in the Constitution.  That's a rule that prohibits the government seeking criminal penalties like jail and a fine from coming after a person twice for the same crime.  Double jeopardy does not stop the government, or a private person suing, for money damages in civil court from the same events.

I am not a bankruptcy practitioner, but I don't think you can discharge debts arising from fraud.

I recommend that you bring your friend and information to an attorney licensed to practice in your state and with bankruptcy knowledge right away.  

I hope this helps, good luck to you.

Morgan Smith
SMITH & RAVER LLP
Minneapolis, Minnesota
smith-and-raver-llp.biz
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