[sher817]

A secretary stole $100,000 +. Has been charged with a felony. The money is gone. Can you go after her husband's assets?

[smoothy]

Joint assets are typically fair game, they typically won't come after anything in the innocent spouses name only, unless they can make the claim the asset was acquired with the proceeds of the crime.

[AK lawyer]

This thread has a title containing "restitution". If the wife stole the money, the restitution order would require her to pay it back or else. How she comes up with the money is her problem.

Unless he is named as a defendant in a criminal case, a restitution order cannot make him pay. On the other hand, if he wants to keep her out of prison, he might want to help her pay as she is ordered to do.

The only way he could be obligated to pay, is if he is charged and convicted, or sued in a civil case. The result may, I suppose, be different in a community property state because there his assets are considered her assets too. But that would be civil, not crmininal.

[sher817]

Thanks so much.