Advice from lawyer(s) requested

[dylanite]

So I have a friend who needs to determine if he has any unclaimed money in his name.

Problem is, he's not 'on the grid' in that he's been using a fake name since 1975 when he skipped going to court of which was going to sentence him for his arrest relating to a drug deal of some sort.

He first went to court for the sentencing, but was told the judge had just died. They rescheduled the sentencing, but he decided to just skip it and run/stay across state lines.

I can't imagine there's any way for him to seek this unclaimed money as a result but assured him I'd ask my 'cyber lawyer friends'.

His last fake license expired a couple years ago so he doesn't even have a 'valid' fake ID these days.

Am I right that there's no way for him to find any such money as a result of his inability to provide his real info out of fear that his Tennessee warrant could possibly lead to his California arrest?

[meshaliuknits]

IANAL, but I suspect he's screwed on the $ front.

However, this would make a great short story. Or episode of Dog the Bounty Hunter.

[dylanite]

May 14, 2012 11:44:28 GMT -5 meshaliuknits said:

IANAL, but I suspect he's screwed on the $ front.

However, this would make a great short story. Or episode of Dog the Bounty Hunter.

That's what I told him. I had to promise I'd at least ask tho. :/

[pixy0stix]

This thread has interesting potential.

[dylanite]

May 14, 2012 11:54:40 GMT -5 pixy0stix said:

This thread has interesting potential.

Well I don't know much more than what I mentioned above. Except of course his real info.

[basilosaurus]

I'll totally nominate this for Dog. He works across the street from a friend here.

[pixy0stix]

Meaning, I wonder about the statute of limitations, would there be ramifications of him using a fake identity, was the $$ owed to him under his real name (and for what?), etc.

[meshaliuknits]

May 14, 2012 11:57:52 GMT -5 basilosaurus said:

I'll totally nominate this for Dog. He works across the street from a friend here.

I was so bummed I didn't see him when he was in SF chasing someone down. Is his mullet more awesome in real life?

(Also, I'm happy to see you made it over!)

[dylanite]

May 14, 2012 11:58:26 GMT -5 pixy0stix said:

Meaning, I wonder about the statute of limitations, would there be ramifications of him using a fake identity, was the $$ owed to him under his real name (and for what?), etc.

He doesn't even know for sure if there's such money. It's inheritance he's looking for. His family ties were strained a long time ago, one of a number of reasons is his being gay.

[basilosaurus]

May 14, 2012 11:59:56 GMT -5 meshaliuknits said:

May 14, 2012 11:57:52 GMT -5 basilosaurus said:

I'll totally nominate this for Dog. He works across the street from a friend here.

I was so bummed I didn't see him when he was in SF chasing someone down. Is his mullet more awesome in real life?

(Also, I'm happy to see you made it over!)

I haven't seen him! But, sightings are a popular topic of conversation over here. I have personal assurances that the mullet is indeed awesome.

I was on vacation a couple weeks. This heathen wasn't going to get left behind.

[Deleted]

I hate Dog so much. I just cannot look at him the same anymore after his less favorite kid released that tape of him screetching about his son's black girlfriend.

[starlily]

I think he's screwed on the money front unless he's willing to come clean about the warrant.

[meshaliuknits]

May 14, 2012 12:11:25 GMT -5 @habbsies said:

I hate Dog so much. I just cannot look at him the same anymore after his less favorite kid released that tape of him screetching about his son's black girlfriend.

I need to watch TMZ more regularly.

My fascination is less with him and more with his hair. H & I have been known to spend vacations oogling people who still sport the mullet.

[dylanite]

May 14, 2012 12:16:33 GMT -5 starlily said:

I think he's screwed on the money front unless he's willing to come clean about the warrant.

If there's found reason for him to believe there's no reason to fear consequences for the warrant (passage of time, etc.) then there's hope. But I doubt this is the case. That's why I thought to bring it here. I specifically had ESF, SBP in mind - despite my pessimism.

[dylanite]

May 14, 2012 12:49:59 GMT -5 asdfjkl said:

May 14, 2012 11:38:11 GMT -5 dylanite said:

So I have a friend who needs to determine if he has any unclaimed money in his name.

Problem is, he's not 'on the grid' in that he's been using a fake name since 1975 when he skipped going to court of which was going to sentence him for his arrest relating to a drug deal of some sort.

He first went to court for the sentencing, but was told the judge had just died. They rescheduled the sentencing, but he decided to just skip it and run/stay across state lines.

I can't imagine there's any way for him to seek this unclaimed money as a result but assured him I'd ask my 'cyber lawyer friends'.

His last fake license expired a couple years ago so he doesn't even have a 'valid' fake ID these days.

Am I right that there's no way for him to find any such money as a result of his inability to provide his real info out of fear that his Tennessee warrant could possibly lead to his California arrest?

You are right. And he sounds like a giant douche who is getting what he deserves. I'm guessing he hasn't filed a tax return in however many years either, no? So yeah, if he collected this money, he'd probably find himself in a situation where he was looking at doing a boatload of time.

Well he IS a conservative, so...

[dylanite]

May 14, 2012 13:01:14 GMT -5 asdfjkl said:

May 14, 2012 12:53:50 GMT -5 dylanite said:

Well he IS a conservative, so...

He's a conservative. I thought conservatives loved the law and order. What's his excuse for being a drug dealing, law dodger.

Probably the same excuse any such person resorts to. Fear and entitlement?

[ESF]

My knowledge of this sort of thing comes from Breaking Bad, not law school. So, I have nothing competent to say, except if he wants the money, he better call Saul.

[dylanite]

May 14, 2012 13:16:16 GMT -5 asdfjkl said:

Not that I want to help this dude get his money (and please tell me it's money worth getting and not some pathetic $300 bequest from a 14th cousin), but couldn't he set up a trust and have the trust collect the money in his name and then he could pull the money out of the trust??

I don't really know how that stuff works, but I figured if you threw the word trust in there, it would make it less likely that anyone would be able to take any part of it, or monitor how he was taking it since that's what I've heard the rich people do with their money.

/run on sentences are awesome.

Well he doesn't even know IF there's any such money. He wants to find out. But based on the smidgen of research both he and I have looked at, finding out requires one entering their personal info for identity verification.

ESF, that's where my knowledge comes from as well. Unfortunately, neither he or I know the owner of Hermanos Pollos (or whatever it's called).

[basilosaurus]

IANAL, but is there a statue of limitations thing on a warrant like that? The tax dodging thing would scare me more.

I do have a friend who burned his draft card, moved to Canada, eventually served in political office there, yet he was able to come back and be an American citizen during the Clinton years. From that, I think there's a smidgen of hope for forgiveness, but the ongoing tax evasion still would be an issue.

[caden]

I'm confused. What personal info is he worried about disclosing? Does the executor or whoever he's calling need his current location? Because they'd already know his SSN & DoB. he'd just be confirming that, right? I can see why he'd have an issue when collecting the money, but just finding out, I don't understand.

[dylanite]

Good point on the tax evasion. Very good point. That may, alone, result in him giving up on the issue.

[dylanite]

May 14, 2012 13:29:56 GMT -5 caden said:

I'm confused. What personal info is he worried about disclosing? Does the executor or whoever he's calling need his current location? Because they'd already know his SSN & DoB. he'd just be confirming that, right? I can see why he'd have an issue when collecting the money, but just finding out, I don't understand.

I think he's afraid that by disclosing his real info, he'd be laying a track to his whereabouts. But I see where you're coming from in that finding out alone very well may be harmless.

Solely because of convenience, he was hoping I could use his real info to determine what, if any, money is waiting for him. He doesn't have a computer, piss poor, etc. But there are ways for him to go around that. And personally, I'm a bit of a chicken shit. I'm reluctant to do this searching for him out of blind fear/caution.

[dylanite]

May 14, 2012 13:32:52 GMT -5 asdfjkl said:

How "important" of a criminal was he? Like John Gotti important, or like at my high school dime-bag selling important?

What are the chances they even still give a shit about him? I mean, is the guy living so much off the grid now that TN (or whatever state it was) couldn't locate him in CA if they wanted to and request his extradition?

He didn't say how much he was dealing at the time, but speculated (?) he'd get a year in prison at the time. That's another thing I'm curious about: Whether or not they'd give a shit at all.

[casmgn]

I have no experience with escaped convicted felons, however can't you get in trouble for not reporting him?

[dylanite]

May 14, 2012 13:36:34 GMT -5 casmgn said:

I have no experience with escaped convicted felons, however can't you get in trouble for not reporting him?

It's possible. But I have no proof that any of his story is true. Despite stating my fear above, I'm not afraid of this possibility at this point.

[starlily]

May 14, 2012 12:47:23 GMT -5 dylanite said:

May 14, 2012 12:16:33 GMT -5 starlily said:

I think he's screwed on the money front unless he's willing to come clean about the warrant.

If there's found reason for him to believe there's no reason to fear consequences for the warrant (passage of time, etc.) then there's hope. But I doubt this is the case. That's why I thought to bring it here. I specifically had ESF, SBP in mind - despite my pessimism.

Well, I do have a bit of experience in criminal law. I don't think a statute of limitations would apply to the warrant, since he already pleaded to the crime and has actively concealed his whereabouts. As to whether a judge would still make him do his one year, that might really just depend on the mercy of whatever judge ends up hearing his case. Depending on the specifics of the plea agreement, there might even be a remote possibility he'd have to do more time.

[dylanite]

May 14, 2012 14:50:15 GMT -5 starlily said:

May 14, 2012 12:47:23 GMT -5 dylanite said:

If there's found reason for him to believe there's no reason to fear consequences for the warrant (passage of time, etc.) then there's hope. But I doubt this is the case. That's why I thought to bring it here. I specifically had ESF, SBP in mind - despite my pessimism.

Well, I do have a bit of experience in criminal law. I don't think a statute of limitations would apply to the warrant, since he already pleaded to the crime and has actively concealed his whereabouts. As to whether a judge would still make him do his one year, that might really just depend on the mercy of whatever judge ends up hearing his case. Depending on the specifics of the plea agreement, there might even be a remote possibility he'd have to do more time.

Thanks Star. Wasn't aware you had such experience, so I appreciate it.

Yeah I think he needs to let go of his futile intention given he's already dug his grave here.

[laurenpetro]

I may know a couple of people who could get me paperwork if I needed it. It kind of goes with the dirty living territory. The more you (or, say, one of your parents?) walk in the dirt, the more dirty people you meet.

[housegeek]

From someone who has been watching Prison Break for the last 3 days, I'm amazed there are people who actually do run away like that. *naive moment*

[Deleted]

So what is his living situation like? How does he make money?

And I'm sad there's not someone on this board with actual hiding assets for recluses experience yet. I thought we had it all here.