The pop star would have to prove that Jamie Spears is misappropriating her money, diverting it for his/her own benefit or taking her assets.
A day after Britney Spears tearfully said she wanted to charge her father with “conservatorship abuse,” experts say there is the possibility of a criminal charge, but it would require Britney’s legal team to prove Jamie Spears has been stealing her money within the past 13 years.
Britney Spears, who had been represented by Samuel D. Ingham III up until the day before yesterday’s hearing, now has her own personal attorney in Mathew Rosengart.
Speaking to reporters outside the courthouse, Rosengart said his firm will be taking a “top-to-bottom” look at how Jamie Spears has handled Britney’s conservatorship.
“We will move promptly and aggressively for his removal,” Rosengart said. “The question remains: Why is he involved? He should step down voluntarily as that is in the best interest of Britney Spears.”
Britney Spears broke down in tears during Wednesday’s hearing, detailing years of controlling behavior by her father, including taking away her driver’s license and vitamins, even limiting what kinds of foods she can eat on certain days.
“I’m here to get rid of my dad and charge him with conservatorship abuse,” she said
Jamie Spears’ legal team denies allegations of abuse, but conservator lawyers and experts say it would take more than words to bring a charge against her father because he has handled his daughter’s conservatorship for the past 13 years.
“She would have to prove that Jamie is misappropriating her money”
The process is a difficult road because Jamie Spears was approved by the court to use funds for his salary, Arminak explained. The conservatorship is not uncommon in cases and these “huge amounts” are also common.
When asked about the possibility of criminal charges being filed, Esquibias explained that to his knowledge, it must be brought by a member of the public.
“Members of the public do not file criminal action, that is the exclusive job of the district attorney,” he told her.
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Britney Spears has been in a conservatorship since 2008. Conservatorships are different than guardianships, and the person who is chosen to be a conservator will have control over financial decisions for someone else.
Britney’s father Jamie was appointed as her conservator by the court after she had an emotional breakdown on The Oprah Winfrey Show. In recent years he has taken large amounts of money from his daughter’s account without approval which could constitute criminal abuse but may not qualify because these transactions were approved by the courts or other members of Britneys’ team.
If they can’t come up with a settlement soon it would go to trial where if there is enough evidence provided that Britney Spears’ dad misappropriated money, then he could face criminal abuse charges. At the same time, if Britney Spears doesn’t want to go through an ugly legal battle she could always just reach a settlement with her dad and end it there.