User Panel
Wow - indeed, what a saga. That has got to take a lot of determination to stick with it for the long haul. Curious; what's the potential crime here? Embezzlement? Fraud?
|
|
“The difference between treason and patriotism is only a matter of dates.”
"And how can man die better Than facing fearful odds, For the ashes of his fathers, And the temples of his Gods." |
In VA I believe it would be felony larceny, no statute of limitations.
|
|
Heller II - Challenging DC's bans on semi-automatic rifles, large-capacity ammunition feeding devices, and its onerous and expensive handgun registration process. http://www.HellerFoundation.org/
|
The 2 years I audited are my father's check book that was in a trust while he was still living. My brother had a power of attorney during those years. Dad was mentally incapacitated with Alzheimer's. The trust said if he was incapacitated, the POA and Trustee had to act in good faith, only to benefit the Giver (dad) and keep records of all expenses. Brother would pay his bills, taxes, and steal most of what was left. Defendant is saying he is a bad record keeper and they have no records.
|
|
|
Collecting more data from new documents and it made me check some older ones. Looks like he stole 2 years of fed and state tax returns, about $35k. Had to sign irs document filing for a deceased person, and had to sign it where it says there is a will and will follow state laws. Checked the new documents and it looks like no tax refunds were ever deposited in those 2 years, so it looks like 4 years of returns were stolen. Federal and state felonies.
|
|
|
Originally Posted By diggerwolf: Sure. Nonetheless, why can't the brother send a copy of the will to his siblings? Unless he's up to no good? Why would the other heirs have an issue if the estate is distributed per the will? View Quote ETA just got cought up. no idea this was such a long process but I am so glad you are putting up the good fight. May fuck be apon people who do this shit. and it happens almost every time. |
|
callmenoshie: "saying that females have the potential to be "bat shit crazy" is like saying the sky has the potential to be blue."
XCRmonger: "I've seen German Shit Porn that was sexier." |
Wow.
Was linked to this thread, and I am sorry this happened to you. Glad you are seeing this out; I’d like to think I would do the same. Theft is theft, but it goes to a new level when it is someone you loved/trusted. |
|
[NO TEXT]
|
Today we subpoenaed ALL of the bank records including copies of the checks and started asking what is a good date to set up a deposition of my brother.
|
|
|
Why do you own a fire extinguisher when you have the fire department to protect you?
Politicians should wear uniforms like NASCAR drivers so we could see their corporate sponsors. |
Heller II - Challenging DC's bans on semi-automatic rifles, large-capacity ammunition feeding devices, and its onerous and expensive handgun registration process. http://www.HellerFoundation.org/
|
|
|
Originally Posted By g2142: Wonder how long the banks will take to turn that around? Would his lawyer have any liability if he saw the client or had to advise the client what the client (your brother) was doing was wrong? View Quote View All Quotes View All Quotes Originally Posted By g2142: Originally Posted By EDDIECRUM: Bank Wonder how long the banks will take to turn that around? Would his lawyer have any liability if he saw the client or had to advise the client what the client (your brother) was doing was wrong? Hoping when they start looking at being deposed, they come to the table. This is not just a civil violation. It is a state and federal criminal violation. Pretty sure any attorney would defend the client as long as they are being paid. I don’t believe his attorney knew until the last hearing that this involved criminal activity. Yes, the noose is tightening. Have a phone call with my attorney tomorrow and will update soon. |
|
|
I am truly sorry you're having to go through this experience. I've been following the thread and it's provided some good lessons and thought points as I'm dealing with two Probates, one in VA and one in FL. Different situation than yours, but still immensely helpful.
By chance, have the accounts been frozen by the Court so your brother can't use them to pay his attorney fees? |
|
Back the Blue
1,000,000 view! Certified LaRue Armorer NRA Benefactor, Team Ranstad, Tennessee Squire |
No. We still do not have all of the records or an accounting
|
|
|
More discovery from new documents. Brother has more problems than me. Acting as POA he had to file tax returns for my father. He under reported more than $100K income for my dad over 2 years, even through the income was deposited in dad's account. He increased the quarterly tax deposit, and then stole the returns, both state and federal. It may have happened for a third year but the judge would only allow us to get records for those 2 years.
|
|
|
So what's next?
|
|
I pray that this post is not a waste of site resources.
|
Still waiting on records from the bank per subpoena. Once we get those and digest them, we set up the deposition.
I am not an accountant but I feel like one. My attorney wants me to do the accounting so I don't have to pay him to do it. He has blushed over it and has a good understanding, but I am digging out the details, and send him reports. Pretty sure they will not want to have another hearing or trial after the deposition. |
|
|
Originally Posted By EDDIECRUM: Still waiting on records from the bank per subpoena. Once we get those and digest them, we set up the deposition. I am not an accountant but I feel like one. My attorney wants me to do the accounting so I don't have to pay him to do it. He has blushed over it and has a good understanding, but I am digging out the details, and send him reports. Pretty sure they will not want to have another hearing or trial after the deposition. View Quote Any idea how far back they keep their records? |
|
|
Fuck yeah, i love arfcom. Stick it to em OP
|
|
|
Originally Posted By g2142: Any idea how far back they keep their records? View Quote View All Quotes View All Quotes Originally Posted By g2142: Originally Posted By EDDIECRUM: Still waiting on records from the bank per subpoena. Once we get those and digest them, we set up the deposition. I am not an accountant but I feel like one. My attorney wants me to do the accounting so I don't have to pay him to do it. He has blushed over it and has a good understanding, but I am digging out the details, and send him reports. Pretty sure they will not want to have another hearing or trial after the deposition. Any idea how far back they keep their records? Just googled it, good question. Banks are required to keep checking and savings records for 5 years. They probably keep them longer. My attorney said big banks, like I am dealing with, have a department that deals with subpoenas and legal issues. Hoping to have an answer by the end of March. I probably have another big bill coming from last month. Wife is completely backing me up which is a big relief. So far I have spent about $15K. Retired pretty well so money is not an issue. |
|
|
Still waiting on the bank records.
|
|
|
Why do you own a fire extinguisher when you have the fire department to protect you?
Politicians should wear uniforms like NASCAR drivers so we could see their corporate sponsors. |
The bank has not responded to the subpoena. The subpoena gave them 21 days. If they were going to take longer, they should have notified us. The bank was served by a private process server and we know who was served, date, time, etc. My attorney said big banks, like this one, just pretty much do as they please. We are going to serve them with an order to show cause and respond to the court.
We also contacted the other attorney and gave them 2 dates for a deposition, so we are moving that forward. They asked if I am going to attend the deposition, and said they might depose me. I told my attorney I don’t mind being deposed. Former cop and I have been testifying for many years in homocide trials and civil suits and I am well versed. Anyway, I told my attorney not to respond about my being at the deposition. |
|
|
Got some more answers for some checks that sounded unreasonable. Brother was paying himself $2K each month for doing dad ‘s laundry. I called the assisted living home and they do it fo $80 a month and they wash clothes twice a week. Still waiting for deposition dates.
|
|
|
Originally Posted By EDDIECRUM: Got some more answers for some checks that sounded unreasonable. Brother was paying himself $2K each month for doing dad ‘s laundry. I called the assisted living home and they do it fo $80 a month and they wash clothes twice a week. Still waiting for deposition dates. View Quote Lol, $2k a month and he thought that would be acceptable? What a shister. |
|
Why do you own a fire extinguisher when you have the fire department to protect you?
Politicians should wear uniforms like NASCAR drivers so we could see their corporate sponsors. |
My attorney just called and said he got a disc from the bank. He sounded like a kid on Christmas morning, and I am excited also. Will let you know when I can review it.
|
|
|
I hope you stick it in that sheister dry (figuratively speaking since you're related), what an asshole...
|
|
|
Originally Posted By EDDIECRUM: My attorney just called and said he got a disc from the bank. He sounded like a kid on Christmas morning, and I am excited also. Will let you know when I can review it. View Quote The wheels turn slowly but they're turning. Glad to hear you're (hopefully) getting closer to the finish line. |
|
Sic Semper Tyrannis
|
24k a year for laundry? How did your brother expect this to go unnoticed?
|
|
[NO TEXT]
|
I am really enjoying this thread.. I hope it works out in the end for OP. Stick it to em
|
|
TSPC.CO
|
I have gone through 2 years of checks on my father’s checking account. He had dementia and my brother had power of attorney, and the checking account was in a living trust. POA had the standard type language, no self serving, keep records of all expenses, and if the giver was disabled (mentally he was) the Code of Virginia limits your power in favor of the giver. Brother’s lawyer claims he has no records.
Looks like he wrote checks and used the debit card in 2018 for about $120K making car payments, groceries, vet bills. When dad passed, the money in this checking account was supposed to roll over into a new trust that beneficiaries would be paid from, but that did not happen. In the interrogatories brother said it was “pay upon death “ to him. About 2 years latter, he wrote a check from that account into the trust account beneficiaries were paid from. He told me long before now that all of the funds had been distributed, but they had not been. He wrote a check to himself for the balance in that account and closed it. Looks like he may have paid some real estate tax in a city my father never lived in so I am checking that out. I am overwhelmed. This is small money. This is just a couple of checking accounts. The bank did not send all the records we wanted so we are sending a letter to follow the subpoena (order to show cause).We are going to try to get a judge to allow a new subpoena back a few more years looking for the missing million dollars. Maybe some of the million was used to purchase real estate. Could be where the real estate tax was paid. I am pretty lucky as my wife is fully backing my expensive project. I am retired and this hurts the bottom line. Still don’t have a date for a deposition. Keep you informed. |
|
|
Sorry you have to deal with this
We appreciate the updates and hope you get some satisfaction out of all this in the end |
|
|
Just got an email from my attorney that they are reaching out to express interest in possible settlement. They did not make an offer and sought to preface any negotiations with emphasis on supposed lack of assets. Hopefully waiting for a call today to map out some plan.
|
|
|
How far back did the bank send you records?
Time to start blindly sending subpoenas to fidelity, trowe, etc? If you brother is lying to the irs, doubtfull he'd be truthfull to you about his assets. Time to start subpoenaing his accounts? |
|
|
Yes, I agree with you. Walking in a mine field of lies.
|
|
|
Originally Posted By EDDIECRUM: Just got an email from my attorney that they are reaching out to express interest in possible settlement. They did not make an offer and sought to preface any negotiations with emphasis on supposed lack of assets. Hopefully waiting for a call today to map out some plan. View Quote You have stated previously that you have the financial ability to continue pursuing this and pursue it until the end. The reality is they’re looking for a settlement Because they know that whatever they would pay you for a settlement is going to be way less than what you would get as judgment against them. Even if their claims of not having any assets or many assets is true, you’ll still get more through a judgment and it seems to be a pretty ironclad case. So in the end you’ll still get your money back for any additional legal expenditures. Plus, if you take the settlement there’s no way you’ll ever really find out what happened and it will forever bother you. The only way to settle your mind and get justly compensated is to follow this through to the end |
|
|
They also likely want to settle so that they are not continually put into more and more document discovery, subpoenas, depositions, etc, thereby revealing more and more illegal acts.
|
|
“The difference between treason and patriotism is only a matter of dates.”
"And how can man die better Than facing fearful odds, For the ashes of his fathers, And the temples of his Gods." |
Originally Posted By jtb33: They also likely want to settle so that they are not continually put into more and more document discovery, subpoenas, depositions, etc, thereby revealing more and more illegal acts. View Quote Good point. I'd be tempted to go through county realestate sites and see what's in his name. |
|
|
Originally Posted By jtb33: They also likely want to settle so that they are not continually put into more and more document discovery, subpoenas, depositions, etc, thereby revealing more and more illegal acts. View Quote This. He wants to settle soon 1) to avoid getting prosecuted, and 2) so you don't dig deeper and find out how much he took; you would be going to the negotiating table without the information you need so he doesn't screw you again. Also bear in mind that if you settle, I believe that debt to you can be wiped away if he declares bankruptcy. If he is prosecuted and has to pay you restitution as part of his criminal sentencing, that is not dischargeable in bankruptcy. |
|
Heller II - Challenging DC's bans on semi-automatic rifles, large-capacity ammunition feeding devices, and its onerous and expensive handgun registration process. http://www.HellerFoundation.org/
|
Originally Posted By agb104983: You have stated previously that you have the financial ability to continue pursuing this and pursue it until the end. The reality is they’re looking for a settlement Because they know that whatever they would pay you for a settlement is going to be way less than what you would get as judgment against them. Even if their claims of not having any assets or many assets is true, you’ll still get more through a judgment and it seems to be a pretty ironclad case. So in the end you’ll still get your money back for any additional legal expenditures. Plus, if you take the settlement there’s no way you’ll ever really find out what happened and it will forever bother you. The only way to settle your mind and get justly compensated is to follow this through to the end View Quote The brother could be out blasting through the rest of the money now, I don’t remember seeing an injunction saying he couldn’t (could be wrong there). If Eddie sees this thing through his bother could just file for bankruptcy at the end and Eddie won’t see a dime as it will all be discharged in the bankruptcy, then he’d be stuck with his own legal fees and no recourse. I was involved in a case just over a year ago where the strategy of the opposing side was to bleed me dry and file bankruptcy. They came right out and said it, and our lawyers agreed there was nothing I could do about it, so we settled rather than dragging it out even with an air tight case against them. It’s a cold reality, but it’s a real reality. Food for thought. |
|
Why do you own a fire extinguisher when you have the fire department to protect you?
Politicians should wear uniforms like NASCAR drivers so we could see their corporate sponsors. |
Have not talked to my attorney yet, and I do not know anything about bankruptcy.
What I do know is this is also a criminal case also. I have a copy of a sworn statement to the IRS that brother is filing for a deceased person, my father. There is a separate form filing for a deceased person, and you have to swear (using your signature) that there are estate documents and you will distribute the refunds per the law in your state. They never were distributed to the beneficiaries. I have those documents for 2 years to the IRS and I have the bank records to show they were never distributed. Pretty sure that is a federal felony. The amount of money stolen is a felony fraud case in Virginia. |
|
|
Originally Posted By ZW17: The brother could be out blasting through the rest of the money now, I don’t remember seeing an injunction saying he couldn’t (could be wrong there). If Eddie sees this thing through his bother could just file for bankruptcy at the end and Eddie won’t see a dime as it will all be discharged in the bankruptcy, then he’d be stuck with his own legal fees and no recourse. I was involved in a case just over a year ago where the strategy of the opposing side was to bleed me dry and file bankruptcy. They came right out and said it, and our lawyers agreed there was nothing I could do about it, so we settled rather than dragging it out even with an air tight case against them. It’s a cold reality, but it’s a real reality. Food for thought. View Quote View All Quotes View All Quotes Originally Posted By ZW17: Originally Posted By agb104983: You have stated previously that you have the financial ability to continue pursuing this and pursue it until the end. The reality is they’re looking for a settlement Because they know that whatever they would pay you for a settlement is going to be way less than what you would get as judgment against them. Even if their claims of not having any assets or many assets is true, you’ll still get more through a judgment and it seems to be a pretty ironclad case. So in the end you’ll still get your money back for any additional legal expenditures. Plus, if you take the settlement there’s no way you’ll ever really find out what happened and it will forever bother you. The only way to settle your mind and get justly compensated is to follow this through to the end The brother could be out blasting through the rest of the money now, I don’t remember seeing an injunction saying he couldn’t (could be wrong there). If Eddie sees this thing through his bother could just file for bankruptcy at the end and Eddie won’t see a dime as it will all be discharged in the bankruptcy, then he’d be stuck with his own legal fees and no recourse. I was involved in a case just over a year ago where the strategy of the opposing side was to bleed me dry and file bankruptcy. They came right out and said it, and our lawyers agreed there was nothing I could do about it, so we settled rather than dragging it out even with an air tight case against them. It’s a cold reality, but it’s a real reality. Food for thought. As someone mentioned earlier, the point you were raising is the exact reason why not to settle. The terms of a settlement or a judgment can be discharged in bankruptcy. The more “dirt“ he finds, the more criminal charges could be filed and criminal restitution cannot be discharged in bankruptcy. Every further step of discovery and subpoenas increases your bargaining position and increases the potential restitution or judgments against him. |
|
|
Originally Posted By agb104983: As someone mentioned earlier, the point you were raising is the exact reason why not to settle. The terms of a settlement or a judgment can be discharged in bankruptcy. The more “dirt“ he finds, the more criminal charges could be filed and criminal restitution cannot be discharged in bankruptcy. Every further step of discovery and subpoenas increases your bargaining position and increases the potential restitution or judgments against him. View Quote View All Quotes View All Quotes Originally Posted By agb104983: Originally Posted By ZW17: Originally Posted By agb104983: You have stated previously that you have the financial ability to continue pursuing this and pursue it until the end. The reality is they’re looking for a settlement Because they know that whatever they would pay you for a settlement is going to be way less than what you would get as judgment against them. Even if their claims of not having any assets or many assets is true, you’ll still get more through a judgment and it seems to be a pretty ironclad case. So in the end you’ll still get your money back for any additional legal expenditures. Plus, if you take the settlement there’s no way you’ll ever really find out what happened and it will forever bother you. The only way to settle your mind and get justly compensated is to follow this through to the end The brother could be out blasting through the rest of the money now, I don’t remember seeing an injunction saying he couldn’t (could be wrong there). If Eddie sees this thing through his bother could just file for bankruptcy at the end and Eddie won’t see a dime as it will all be discharged in the bankruptcy, then he’d be stuck with his own legal fees and no recourse. I was involved in a case just over a year ago where the strategy of the opposing side was to bleed me dry and file bankruptcy. They came right out and said it, and our lawyers agreed there was nothing I could do about it, so we settled rather than dragging it out even with an air tight case against them. It’s a cold reality, but it’s a real reality. Food for thought. As someone mentioned earlier, the point you were raising is the exact reason why not to settle. The terms of a settlement or a judgment can be discharged in bankruptcy. The more “dirt“ he finds, the more criminal charges could be filed and criminal restitution cannot be discharged in bankruptcy. Every further step of discovery and subpoenas increases your bargaining position and increases the potential restitution or judgments against him. Eddie's lawyer will likely require that any settlement be paid upon signing, so the risk of BK to wipe it out is a risk of not settling. |
|
Donald Trump is President Redpill, his presidency sure as shit disclosed a lot of corruption - in both parties.
|
Originally Posted By EDDIECRUM: I have gone through 2 years of checks on my father’s checking account. He had dementia and my brother had power of attorney, and the checking account was in a living trust. POA had the standard type language, no self serving, keep records of all expenses, and if the giver was disabled (mentally he was) the Code of Virginia limits your power in favor of the giver. Brother’s lawyer claims he has no records. Looks like he wrote checks and used the debit card in 2018 for about $120K making car payments, groceries, vet bills. When dad passed, the money in this checking account was supposed to roll over into a new trust that beneficiaries would be paid from, but that did not happen. In the interrogatories brother said it was “pay upon death “ to him. About 2 years latter, he wrote a check from that account into the trust account beneficiaries were paid from. He told me long before now that all of the funds had been distributed, but they had not been. He wrote a check to himself for the balance in that account and closed it. Looks like he may have paid some real estate tax in a city my father never lived in so I am checking that out. I am overwhelmed. This is small money. This is just a couple of checking accounts. The bank did not send all the records we wanted so we are sending a letter to follow the subpoena (order to show cause).We are going to try to get a judge to allow a new subpoena back a few more years looking for the missing million dollars. Maybe some of the million was used to purchase real estate. Could be where the real estate tax was paid. I am pretty lucky as my wife is fully backing my expensive project. I am retired and this hurts the bottom line. Still don’t have a date for a deposition. Keep you informed. Good luck. If he paid cash for real estate and you can find it, I wonder I a lien or stay of sale could be attached which would keep him from selling it. View Quote |
|
Liberals are a curious mix of communism and fascism, they want to destroy you but want to use your own money to do it.
I'd rather be CALLED a fascist then BE a liberal. |
Just got off the phone with my attorney. He made brother's attorney aware of the bank statements we have from the subpoena and that is why they want to settle. The statements are basically an admission of the facts I have sued over.
I asked him to send a letter with the total theft amount AND two dates to pick from for depositions. I think it is a good tactical move for me. Face the depositions to answer to the court, or pay me. Nothing stops until the money is in the bank. My attorney is in a large firm and he has a real estate attorney there for help if we need him. |
|
|
Originally Posted By EDDIECRUM: Just got off the phone with my attorney. He made brother's attorney aware of the bank statements we have from the subpoena and that is why they want to settle. The statements are basically an admission of the facts I have sued over. I asked him to send a letter with the total theft amount AND two dates to pick from for depositions. I think it is a good tactical move for me. Face the depositions to answer to the court, or pay me. Nothing stops until the money is in the bank. My attorney is in a large firm and he has a real estate attorney there for help if we need him. View Quote Shots fired! |
|
Why do you own a fire extinguisher when you have the fire department to protect you?
Politicians should wear uniforms like NASCAR drivers so we could see their corporate sponsors. |
Dang, sorry you’re going through this OP.
Good luck on the criminal stuff. We took what we considered a slam dunk to local, state and .fed (forged checks in the 6 figures among other stuff) and they declined to do more than just hear our bitch. Was told we’d have to set up the case for the state and city, paying for a forensic accountant to lay it out before they’d dig in. Budget wasn’t their for them to do it. |
|
That thread hurts my brain. I’m probably gonna gonna finally renew my membership just so I can ignore nickmemphis.
|
Originally Posted By Reno_Raines: Dang, sorry you’re going through this OP. Good luck on the criminal stuff. We took what we considered a slam dunk to local, state and .fed (forged checks in the 6 figures among other stuff) and they declined to do more than just hear our bitch. Was told we’d have to set up the case for the state and city, paying for a forensic accountant to lay it out before they’d dig in. Budget wasn’t their for them to do it. View Quote That is what the deposition is for. Swear him in and he has to answer. We have enough bank documents to catch him in any lie. |
|
|
Does he have the money to repay what he stole?
|
|
peach fuzz
|
They own an investment company and that is where I believe the missing money is. Still waiting on some more bank records at the moment.
|
|
|
Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!
You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.
AR15.COM is the world's largest firearm community and is a gathering place for firearm enthusiasts of all types.
From hunters and military members, to competition shooters and general firearm enthusiasts, we welcome anyone who values and respects the way of the firearm.
Subscribe to our monthly Newsletter to receive firearm news, product discounts from your favorite Industry Partners, and more.
Copyright © 1996-2024 AR15.COM LLC. All Rights Reserved.
Any use of this content without express written consent is prohibited.
AR15.Com reserves the right to overwrite or replace any affiliate, commercial, or monetizable links, posted by users, with our own.