Town Square

Post a New Topic

Menalto Cleaners owner pleads not guilty to 40 felony counts

Original post made on Jan 29, 2015

Edwin Gary Smith, the owner of Menalto Cleaners, pleaded not guilty on Wednesday, Jan. 28, to 40 felony counts stemming from alleged credit card fraud.

Read the full story here Web Link posted Thursday, January 29, 2015, 9:53 AM

Comments (4)

Posted by cez
a resident of Menlo Park: Central Menlo Park
on Jan 29, 2015 at 1:34 pm

Why is there a 3 year statute of limitations on fraud?


Posted by weird
a resident of Menlo Park: The Willows
on Jan 29, 2015 at 3:02 pm

Isn't the statute of limitations calculated from the date of discovery? I guess the victims knew and never said anything for 3 years??


Posted by pogo
a resident of Woodside: other
on Jan 29, 2015 at 3:27 pm

pogo is a registered user.

In California, the statute of limitations does not begin until the discovery by the aggrieved party. At that point, the injured party has three years to file a case.

The reason the clock starts upon discovery (not commission of the act) is because in many cases the aggrieved party may not discover the fraud right away. However, once discovered, the three year clock starts.

The reason for any statute of limitations is that justice is never served by delays. Witnesses forget, people die, evidence disappears. If you are wronged, you have an obligation to file your charges in a timely fashion.


Posted by Elwood
a resident of Menlo Park: Linfield Oaks
on Apr 20, 2015 at 10:52 am

Well the clock starts ticking when one could be expected to reasonably discover such fraud. In the case of a credit card one could reasonably expect this statute of limitations to start after 90 days or however long the credit card company allows you to file a complaint... Terrible system if it allows crooks to get away with fraud and theft. But understandable from a point of prejudicing the accused, lost paperwork, faded memories, etc...


Don't miss out on the discussion!
Sign up to be notified of new comments on this topic.

Email:


Post a comment

On Wednesday, we'll be launching a new website. To prepare and make sure all our content is available on the new platform, commenting on stories and in TownSquare has been disabled. When the new site is online, past comments will be available to be seen and we'll reinstate the ability to comment. We appreciate your patience while we make this transition..

Stay informed.

Get the day's top headlines from Almanac Online sent to your inbox in the Express newsletter.