After filing for divorce from bed and board i removed all relevant financial records to a secure location, in a separately locked room in an unrelated third party’s vacant home, (to which neitehr my wife or i have any ownership interest).
The documents were safely stored in a locked, fireproof filing cabinet. I notified my wife in writing of my actions and assurred her they were safe and that she would be given complete copies upon request.
Subsequently, my wife broke in to the home by removing a door from hinges to get past 2 deadbolt locks. She then picked the lock on the fireproof filing cabinet and removed all contents. She admits the break in and taking all contents. An unrelated, third party witness made a statement to the police that he witnessed her actions. There is no question she did it. She claims she had a right to take documents with her name on them (such as a joint bank account statements+).
My wife gave all of the items she stole to her attorney and he has admitted in writing that he has them. He does not admit he has cash (he didn’t say he didn’t have it, he just did not mention cash) but admits all other items including stock. Further, her attorney is fully aware that the items in his possession came from the break-in.
Important point: Comingled with those documents which related to Joint accounts, there were also documents NOT relating to the wife and other documents that were the exclusive property of the third party owner of the home, and hundreds of dollars of cash and stock.
I reported the break in and theft to the poice who investigated and turned it over to the DA. The DA is still “investigating”.
Question is: Is the attorney not in violation of various NC criminal statutes relating to receiving stolen property, and possession of stolen property (particularly since a number of items were totally unrelated to my wife and/or were “chose in action”? NCStatute 14-75 among others)?.
Is the attorney in violation of Ethics Code?