Posted by Yoli/CA on 7/16/13 10:28am
Msg #476953

Is the notary an accomplice?

If the notary knows of a crime being committed and does not report it to the authorities, is that notary considered an accomplice and thereby guilty of that same crime?

I mean actually "knows" and is not just making conversation; possibly even has the proof in his/her hands.

As an example, an earlier post mentioned a TC VP taking kickbacks. That's, IMO, a serious allegation. Don't know if action cited would actually be considered a "kickback."

However, if as a NP/LSA I receive docs and notice something blatantly morally unethical and don't report it, would I be an accomplice and also held responsible?

Reply by 101livescan on 7/16/13 10:43am
Msg #476955

The notary who was involved was contacted by this individual, however, declined the job. This notary did not know the person who made contact is a VP of that title/escrow company. It's all third hand information, but it is being investigated. It occurred in a state where there is a great deal of fraud due to a horrible RE market.

We are not aware of any accomplices in this scenario since my contact did not accept the accommodation.

Reply by LKT/CA on 7/16/13 2:22pm
Msg #476979

To be considered an accomplice, you would have to have participated in the criminal act - like the get-away-driver in a bank robbery. If you know something and you are ASKED...like if you're interviewed by the police...and you withhold info or feign amnesia, then you may be held liable for *something*, especially if it's discovered that you knew.

If you just know something concretely, and know one knows you know it, and do not report it, I think the only punishment will be a guilty conscience. JMHO.

Reply by LKT/CA on 7/16/13 2:27pm
Msg #476981

Oops...no one...not know one n/m

Reply by Darlin_AL on 7/16/13 3:04pm
Msg #476990

It is called "After the Fact"

Yes, you are required to report a crime. You could report an ongoing "fraud", possibly anonymously, to a governing agency, ie State Attorney General. They have websites for consumers to lodge complaints. There are "tip" lines that assign the caller a identifying number, in case of rewards, I guess. IF it is connected to your notary work, for sure you have to bring (whatever) to someone's attention, otherwise the appearance is you are facilitating. Those federal prosecutors run wild over innocent bystanders, just to get another conviction under the belt. And the feds are extremely serious about wire fraud--not a reach if a notary received bogus paperwork via inet. (OK, please don't everybody pound me about the fed prosecutor OPINION based upon circumstances I witnessed.) Just want to get the downside out there for consideration.

Reply by VT_Syrup on 7/16/13 3:39pm
Msg #477001

Re: It is called "After the Fact"

I don't buy a blanket statement "Yes, you are required to report a crime." Prove it.

Reply by Notarysigner on 7/16/13 6:01pm
Msg #477010

Re: It is called "After the Fact"

Correct,...I see people run stop signs, speed in school zones, jaywalk, park in handicap parking spots and jog away, dope dealers, .......with law enforcement present everyday,...well you get it.
BUT IT IS NOT A CRIME TO HIRE A NOTARY AND THEN NOT PAY THEM!

Reply by VT_Syrup on 7/16/13 6:15pm
Msg #477013

Re: It is called "After the Fact"

This would be a big problem for me if it were true. As an EMT, our policy is we don't report evidence of crimes we come across when we go to someone's home, except child abuse or elder abuse, or a few other exceptions (like gunshots). As a disaster volunteer, I won't report a person who seeks shelter because the person seems to be an illegal alien; that's policy too.

Now, helping a person to conceal a crime, or to benefit from the crime, that's a different kettle of fish.

Reply by Darlin_AL on 7/16/13 8:09pm
Msg #477044

To Clarify

Evidently the person who posed this question felt there was something fishy going on somewhere that he/she is privy to. IF the reported actions are not criminal, no harm done. You guys are citing misdemeanors and infractions of the traffic laws. So-called White Collar Crime (old term from college) causes harm or loss to somebody, otherwise it wouldn't be done. (Robosigning!!) Here's an example: citizen reports animal abuse to local humane society for a bones-thin horse they see in somebody's pasture. Humane society investigates to find: fact #1 said horse is 36 yrs old with not much teeth, not much desire to graze, & probably organs failing due to old age. fact #2: Owners of beloved horse/pet of 36 yrs. feed it special grain for "seniors", make sure it has a dry place to shelter, etc. So what harm was done? none really.

Reply by LKT/CA on 7/16/13 9:03pm
Msg #477062

Re: To Clarify

The OP asked if failure to report a crime made her an *accomplice*. To be an accomplice, you have to actually participate in it. You stated: "IF it is connected to your notary work, for sure you have to bring (whatever) to someone's attention, otherwise the appearance is you are facilitating. Those federal prosecutors run wild over innocent bystanders, just to get another conviction under the belt."

Being a bystander/facilitator is a far cry from *involvement* in a crime. Because someone stands by and does nothing (or keeps quiet) does not make them an *accomplice*. There was a case in Las Vegas many years ago where a little 7 year old girl was raped and killed in a casino bathroom while her father was gambling somewhere in the casino. It was the wee hours of the night. I believe her name was Sharice Iverson. Her father was Leroy Iverson. It came out that the friend of the killer KNEW what his friend was doing (or going to do) and did nothing to stop it, nor did he say anything. The friend did not participate in the crime. Both guys were in their early twenties. There was an outcry from the public that the friend should be arrested too since he knew something but said nothing. Under Vegas law, they could not charge the friend with any crime. The public was outraged, to say the least.