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Can US Gov't have it both ways?
A client is being sued by the U.S. Gov't for fraudulent transfer using
California law: Civil Code Section 3439.
The alleged transfer took place in 2003. Said state statute puts a 4
year time limit on using it to prosecuted any alleged transfer (similar
to a statute of limitations, although it is in the statute). This is a
very stale claim 5 years hence.
I call the U.S. Attorney and he says the U.S. can use a state statute to
sue, but isn't bound by the statute of limitations on it. If true, it's
good to be the supreme sovereign I guess, what they used to call kings.
I asked for case law or other authority on this and he put me off to the
Rule 26 meeting (if I'm citing that correctly).
Anyway, if anyone has already come across this and knows if this is true
or not, please share your experience with me and this group. I'll
follow up later when I find out if no one posts on this, but I'd be
curious to know sooner than later. Thank you.
Steve
Law Offices of Steven B. Lever
>
> Steven B. Lever
>( Tel. (562) 436-5456 ext. 1
>( Fax (562) 485-6886
>* sblever@leverlaw.com
> www.leverlaw.com
A client is being sued by the U.S. Gov’t for fraudulent transfer using California law: Civil Code Section 3439. The alleged transfer took place in 2003. Said state statute puts a 4 year time limit on using it to prosecuted any alleged transfer (similar to a statute of limitations, although it is in the statute). This is a very stale claim 5 years hence.
The post was migrated from Yahoo.