With regard to wills, contracts and other documents, the term destruction does not mean the destruction of the instrument or its dissolution into other forms of matter, but a destruction of its legal effectiveness, which can be done by deletion, extinction, tearing into fragments, etc. Paragraph 18 U.S.C. § 2071 (b) contains a similar prohibition specifically addressed to public document custodians. Any custodian of a public record who “intentionally and unlawfully conceals, abducts, mutilates, darkens, falsifies or destroys (any document) shall be liable to a fine of up to $2,000 or imprisonment for a term not exceeding three years, or both; and loses his office and is excluded from the exercise of any function under the United States. Although the range of acts prohibited in this paragraph is somewhat narrower than in paragraph (a), it provides for the additional penalty of forfeiture of the position in the United States. The necessary safeguard for government documents and records is provided for in 18 U.S.C. § 2071. Paragraph 2071(a) contains a complete prohibition on destroying or attempting to destroy government records. This article provides that any person who: intentionally and unlawfully; hides, removes, mutilates, extinguishes or destroys; or attempts to hide, remove, maim, extinguish or destroy; or carried away with the intention of hiding, removing, mutilating, extinguishing or destroying; All documents, proceedings, maps, books, papers, documents or other objects deposited in a public office may be punishable by three years` imprisonment, a fine of $2,000, or both. Our office can help you file a civil lawsuit to claim damages, to recover money that legally belongs to you, or to help you in a testamentary dispute to allow the appropriate will in court if it is found.
In particular, in a dispute over a will known as a will, the evidence of a person who hides or destroys a will is likely to result in additional evidence that the false author exercised what is called undue influence over the deceased person, so that his or her ability to make an appropriate will is altered so that it should be declared invalid. Similarly, such actions may also show that the deceased was so vulnerable or fragile that he or she was unable to make a will. Questions of undue influence and capacity are crucial issues in virtually all combinations of wills. The prohibited acts in this section are broad. Essentially, three types of conduct are prohibited by 18 U.S.C. § 2071(a). These are: (1) obfuscation, removal, mutilation, erasure or destruction of records; (2) any attempt to commit such prohibited acts; and (3) carry records with the intention of hiding, removing, maiming or destroying them. It should be noted that all these actions involve either embezzlement of funds or damage to public documents. This led a court to conclude that the mere photocopy of these recordings does not violate 18 U.S.C. § 2071. See United States v. Rosner, 352 F.
Supp. 915, 919-22 (S.D.N.Y. 1972). Our Fairfield County office is proud to serve your legal needs in Bethel, Bridgeport, Brookfield, Danbury, Darien, Easton, Fairfield, Greenwich, Monroe, New Canaan, New Fairfield, Newtown, Norwalk, Redding, Ridgefield, Shelton, Sherman, Stamford, Stratford, Trumbull, Weston, Westport and Wilton. You need to know what rights you have and what remedies you can have in the civil and criminal courts if this happens to you. Connecticut is one of many states that punish those who illegally hide or destroy a will. At Charles Kurmay`s law firms, our experienced and experienced lawyers regularly assist clients in probate cases ranging from regular estate administration to highly complex estate disputes. We regularly plead before the Probate and Superior Courts of Connecticut, as their jurisdiction often overlaps, as well as before the Supreme Court of New York. We help our clients plan their estates, write wills and trusts, and at the same time help with tax and Medicaid planning to protect the wealth that hard-working people have earned throughout their lives and to prevent the catastrophe we discuss here. In addition, in addition to section 53A-131, the accused could also file a complaint for other crimes: it is forbidden to take a record or public document with him under 18 U.S.C. § 641.
Destruction of such recordings may be effected under 18 U.S.C. § 1361. In both cases, however, it can be difficult to prove a loss of $100, the prerequisite for a conviction for a crime. As a result, none of these laws adequately protect government records. The elements of the crime of unlawful concealment of a will are as follows: while the criminal court can punish people who improperly conceal a will, it can rarely return the victims of these crimes entirely. As a result, the lawyers from the law firm of Charles L. Kurmay are here to see that you will also experience justice in civil matters. As used in insurance policies, leases and maritime law, as well as in various laws, this term is often applied to an act that renders the subject useless for the intended purpose, although it does not destroy it or destroy it literally. Your email address will not be published. Mandatory fields are marked * In general, to ruin completely; may include a contribution.
Ruin the structure, organic existence or state of a thing; for demolition; injure or mutilate that goes beyond the possibility of use; to be invalidated. There are several important aspects of this crime. First, it is a specific intentional crime. This means that the defendant must act intentionally knowing that he is violating the law. See United States v. Simpson, 460 F.2d 515, 518 (9 Cir. 1972). In addition, one case showed that this specific intent requires the defendant to know that the documents in question are public documents.
See United States v. DeGroat, 30 F. 764, 765 (E.D.Mich. 1887). Criminal Consequences of Illegal Concealment of a Will If this or something similar has happened to you, please call us at (203) 380-1743. We are always at your disposal for discussions. Title 18 contains two other provisions of somewhat narrower application concerning public documents. Section 285 prohibits the unauthorized receipt, use, and attempted use of any document, record, or record in connection with a claim against the United States for the purpose of obtaining payment for that claim.
Section 1506 prohibits the theft, alteration, or falsification of records or proceedings in a U.S. court. Both sections are punishable by a fine of $5,000 or five years in prison. Save my name, email address, and website in this browser to comment next time. Unlawful concealment of a will is a Category A offence. A Class A offense is the most serious type of offense in Connecticut. It provides for a sentence of up to one year in prison and a fine of up to $2,000.