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Q:     Are grounds for suit against Capital One for negligence? Are criminal charges possible against ex-wife for identity asset theft? During pending divorce (11 mos. after petition), estranged wife contacted Capital One Bank and liquidated… Scroll down to read more!

Q:     Are grounds for suit against Capital One for negligence? Are criminal charges possible against ex-wife for identity asset theft? During pending divorce (11 mos. after petition), estranged wife contacted Capital One Bank and liquidated a CD meant for retirement worth a mature value of $180,000 for $137,500 even though only listed as payable upon death. Ex wife changed my address to her address in South Carolina where she resides & wire transfered funds to her bank account in SC without consent. My residence is and was at the time of unauthorized transfer in Florida. Capital One denies all responsibility for fraud and lack of security. Never contacted by bank for confirmation, verification of transfer via email, phone, etc. Maryland family court judge refused to acknowledge during trial.


A:  Chosen as “Best Answer” by Asker on www.AVVO.com

Answered Q: Are grounds for suit against Capital One for negligence?

A: Can I sue _______” is not a criminal defense question; It is a civil law question. Last I checked this was still America, and in America you can sue pretty much anyone for pretty much anything. Whether or not a) you can find a lawyer to sign her / his name to the paperwork, b) your lawsuit survives a motion for summary judgment / to dismiss, c) you get a favorable judgment, d) your defendant is collectable or e) you ever see a dime is both beyond my ability to predict and is anyone’s guess. If you want to increase your odds at getting a competent answer then you should repost this question and list “lawsuits and disputes” and not “criminal defense” as a practice area. In fact, I will do this for you….

Q: Are criminal charges possible against ex-wife for identity asset theft?

A: Almost anything is possible. Probability is another matter entirely. If you think that you have been criminally victimized then call the cops. They will either take a report or not (advising that it is a “civil matter”. If you still feel that you wish to pursue criminal charges then you should be aware that in Florida victims of crimes have rights, both constitutional (s. 16, Art. I of the Florida’s State Constitution) and by statute (see: Chapter 960 Florida Statutes). Still, in Florida, the State Attorney is empowered to bring criminal charges to bear on behalf of all of the people of the State, the victim being only one of those millions of people (albeit usually an important one to the success of their case). If you want to increase your odds at having the State pursue your interests then you can hire your own criminal defense lawyer to serve as your Victim’s Right’s Advocate.

Again, no one can control what the State does on behalf of the people, but you will increase your odds at achieving a favorable outcome if you have an effective victim’s rights advocate pursuing your agenda. Many criminal defense lawyers serve as effective victim’s rights advocates.

I hope that I have been helpful in answering your questions.

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) less

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Asker
Posted 10 minutes ago.
Mr Haber took the time to answer my question and answer my email. He also referred me and his very professional assistance online is appreciated.
Michael Adam Haber
Michael Adam Haber, Criminal Defense Attorney – Miami, FL
Posted less than a minute ago.
Thank you for the +++ feedback. I appreciate that every but as much as you did my effort.

Wishing you the best (and hoping that you will let me know how things shake out in the end)!

At Michael A. Haber, P.A. the goals in representing folks are A) to be honest and realistic about litigation objectives; B) to be fair in regard to fees; C) to be consistently available and responsive to the client (in person, by phone call, text, email, Facebook. Twitter and otherwise); D) to keep the client informed; and E) to secure your positive feedback / client review at the conclusion of each case.


At Michael A. Haber, P.A. “Its all about reasonable doubt”!


Michael A. Haber, Esq. is prepared to speak with you about your case!


Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1




THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


#Webisode #YouTube #VideoFAQ #AVVO #HaberPA #Arrest #Arrested #CriminalLaw #CriminalDefense #IdentityTheft #CriminalDefenseLawyer #MiamiCriminalDefenseLawyer #CriminalDefenseAttorney #MiamiCriminalDefenseAttorney #CriminalAttorney #DUI #DWI #DrivingUnderTheInfluence #BUI #BoatingUnderTheInfluence #DomesticViolence #DV #DVRO #DomesticViolenceRestrainingOrder #Seal #Expunge #Sealing #Expungement #CriminalRecord #CriminalHistory #PSA #PublicServiceAnnouncement #Fraud #Negligence #AssetTheft #DissolutionOfMarriage #Divorce #VictimsRights #VictimsRightsAdvocate
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Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!
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  • positive review  Top notch, very skilled, and highly attentive. Mr. Haber is a fantastic criminal defense attorney.

    DrNetta Shaked Avatar DrNetta Shaked
    July 26, 2017
  • positive review  Thanks again. You are second to none when it comes to defending your clients. For that, I thank you

    Leo Gonzalez Avatar Leo Gonzalez
    April 10, 2017
  • 5 star review  Excellence in criminal defense. Very informative And upfront of wiyh your crimanal defense

    Chiko Sarri Avatar Chiko Sarri
    April 11, 2016
  • positive review  Michael is the person to call when you need help or advice! He understands.

    Lloyd Goradesky Avatar Lloyd Goradesky
    January 11, 2014
  • positive review  Outstanding legal scholar!

    Aj Daoud Avatar Aj Daoud
    December 21, 2013
  • positive review  Michael has helped my family and I on a few occasions and the results were excellent, he represents his clients with the utmost respect and professionalism.

    David Schindler Avatar David Schindler
    August 12, 2013
  • positive review  ABSOLUTELY Michael. Your my second favorite Lawyer behind my cousins Law firm in Brooklyn. The Berkman Law Firm.

    Andrew Scott Wasserman Avatar Andrew Scott Wasserman
    August 11, 2013
  • positive review  Interesting and Informative

    Debbie Molinaro Avatar Debbie Molinaro
    July 20, 2013

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