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    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #1

    Dec 30, 2008, 08:48 AM
    Whose money is it?
    Hello:

    Let’s say that a crime involving a lot of money was solved in 1980. What money that could be found was seized, the IRS was notified of the crime, and the perpetrator was sentenced to a long term in the pokey. This was a victimless crime, consequently there was no restitution ordered.

    The IRS did nothing. The statute of limitations on tax evasion is 6 years pursuant to 26 U.S.C. § 6531(2). The criminal did his time and was released from supervision.

    Let’s say further, that they never did find all the money. Whose money is it TODAY? Is it subject to seizure?

    excon
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Dec 30, 2008, 09:46 AM

    I think how they rule on DB Cooper would answer that... maybe??

    DB cooper - Google Search
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Dec 30, 2008, 11:17 AM

    I am not up on it, but there are "treasure laws" that effect people that look for lost treasure

    Claims,
    The people it first belonged to

    The people on whose property it was found

    Even the crook that stole it may have a ground if he was never orderred to repay it ( I doubt it, but it may make a fun case)
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Dec 30, 2008, 11:24 AM
    Hello Padre:

    Let's say it's still in the hands of the perpetrator... Perhaps he was a marijuana smuggler and had no victim. He paid everything he was ordered to. He even filed his tax returns during the years in question. They just weren't correct returns.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Dec 30, 2008, 11:30 AM

    Well after he donates 10 percent to his favorite priest and gets his blessings I would think it would be his.

    But if this was money from the sell of drugs, The buyers of the drugs would actually have a legal claim because a illegal contract ( sale) can not be inforced.

    It legally can not be the drug dealers since he can not legally profit off a criminal enterprise.

    So in theory the state would have claim to it, as proceeds of a criminal activity.

    So I would not put it in the bank.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #6

    Dec 30, 2008, 11:45 AM
    Hello again, Padre:

    Let's say, he won't.;)

    excon
    Emland's Avatar
    Emland Posts: 2,468, Reputation: 496
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    #7

    Dec 30, 2008, 01:05 PM

    I would have assumed the state would have seized it.

    If he stills has it - Vegas, baby.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #8

    Jan 4, 2009, 07:08 PM

    The money is now yours to keep. Enjoy! Just don't flash it around, OK?

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