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Still following and hoping for your success.
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Originally Posted By g2142: Ohhh, so he has a series 7 or 65? View Quote View All Quotes View All Quotes |
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“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." |
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Originally Posted By EDDIECRUM: I have no idea about the type of license. I do not want to click on his site, however the header says " Company is a full service insurance and financial services agency, independently operated." View Quote View All Quotes View All Quotes Originally Posted By EDDIECRUM: Originally Posted By g2142: Ohhh, so he has a series 7 or 65? I have no idea about the type of license. I do not want to click on his site, however the header says " Company is a full service insurance and financial services agency, independently operated." your negotiating leverage just went up a lot. make sure your lawyer knows about this. those are services requiring licensing and the licensing agencies generally come down hard on financial wrongdoing like this |
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Donald Trump is President Redpill, his presidency sure as shit disclosed a lot of corruption - in both parties.
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I wonder if he's just a scummy insurance salesman masquerading as a financial advisor.
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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/
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https://brokercheck.finra.org/
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"When robbery becomes the purpose of the law, and the policeman's duty becomes...the plunder of property - then it is an outlaw who has to become a policeman".
Atlas Shrugged |
Originally Posted By EDDIECRUM: He is very much aware. View Quote View All Quotes View All Quotes Originally Posted By EDDIECRUM: Originally Posted By aggiesq: your negotiating leverage just went up a lot. make sure your lawyer knows about this. those are services requiring licensing and the licensing agencies generally come down hard on financial wrongdoing like this He is very much aware. It’s great you have the means to see this through. No doubt he can feel the water around him starting to bubble. |
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It's all part of life's rich pageant.
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I don't want to put a damper on things, but the possibility of criminal charges will probably either kill the possibility of a deposition or will make the deposition essentially worthless. If his lawyer is even halfway competent, I would expect your brother to repeatedly assert his 5th Amendment privilege and refuse to answer any question that could be the least bit incriminating.
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Originally Posted By civprod: I don't want to put a damper on things, but the possibility of criminal charges will probably either kill the possibility of a deposition or will make the deposition essentially worthless. If his lawyer is even halfway competent, I would expect your brother to repeatedly assert his 5th Amendment privilege and refuse to answer any question that could be the least bit incriminating. View Quote So what you have is a trust document ordering the trustee to keep accurate records, bank statements showing questionable withdrawals, a trustee refusing to say anything about where the money went, and a trustee's attorney saying it's not the trustee's fault that he's naturally bad at record keeping, when the trustee is a licensed finance and insurance rep. --Yeah, I'm hoping the judge is just gonna love all that. |
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R.I.P. Brian Michael Wallace, AKA FCSD2162
https://givesendgo.com/Brianwallace |
Originally Posted By civprod: I don't want to put a damper on things, but the possibility of criminal charges will probably either kill the possibility of a deposition or will make the deposition essentially worthless. If his lawyer is even halfway competent, I would expect your brother to repeatedly assert his 5th Amendment privilege and refuse to answer any question that could be the least bit incriminating. View Quote 5th only applies on criminal charges. This will be a civil case. |
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Originally Posted By EDDIECRUM: 5th only applies on criminal charges. This will be a civil case. View Quote Not a lawyer but might look a little deeper into this, I believe the USSC has ruled that you can take the 5th in civil case if it could be used against you in a criminal trial. however it also limits his defense options as well by not being able to talk about similar matters that would paint him in a better light with out losing the protections of the 5th. also didn't find this thread until the last few months, I hope your able to skewer him. I'm afraid I'll be watching some similar drama unfold sometime in the not so distant future. Good luck! |
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Originally Posted By Mallard270: Not a lawyer but might look a little deeper into this, I believe the USSC has ruled that you can take the 5th in civil case if it could be used against you in a criminal trial. however it also limits his defense options as well by not being able to talk about similar matters that would paint him in a better light with out losing the protections of the 5th. also didn't find this thread until the last few months, I hope your able to skewer him. I'm afraid I'll be watching some similar drama unfold sometime in the not so distant future. Good luck! View Quote View All Quotes View All Quotes Originally Posted By Mallard270: Originally Posted By EDDIECRUM: 5th only applies on criminal charges. This will be a civil case. Not a lawyer but might look a little deeper into this, I believe the USSC has ruled that you can take the 5th in civil case if it could be used against you in a criminal trial. however it also limits his defense options as well by not being able to talk about similar matters that would paint him in a better light with out losing the protections of the 5th. also didn't find this thread until the last few months, I hope your able to skewer him. I'm afraid I'll be watching some similar drama unfold sometime in the not so distant future. Good luck! This response is right. Even though this is a civil case, he is still allowed to plead the 5th if it can be self-incriminating and used against him in a criminal trial. I do not believe that he can just assert a blanket 5th amendment privilege for all questions, so, presumably, you would still potentially be able to get some useful information from the depositions but you probably won't be able to get anything regarding how the money was used and where it went. |
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Didn't the Cosby case get overturned because prosecutors waived prosecution in exchange for Bill's testimony in the civil case, and then prosecuted him after the civil trial was over?
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R.I.P. Brian Michael Wallace, AKA FCSD2162
https://givesendgo.com/Brianwallace |
I just stumbled across this thread.. What a MESS.... OP I hope this works out for you..
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There comes a time when you look into the mirror and realize that what you see is all that you will ever be. Then you accept it, kill yourself, or you stop looking into mirrors.
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+1
Another previous lurker hoping you prevail. |
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We sent a "compromise/negotiations" letter. We have enough evidence to show a serious breech of the trust and multiple "egregious" acts (criminal) that "are clearly evident".
"We are at a turning point in this case in light of the discovery." "Our client has instructed us to proceed with depositions to find the full extent of his breech of trust...." "we will also seek to depose his spouse for possible complicity and ensuing personal gain..." "We will seek full recovery....." "There is no doubt that he has co-mingled funds. There is no doubt he failed to keep adequate records. There is no dispute he has violated the terms of the trust...." "There is no doubt he made wrongful distributions that violated the trust...." "There is no doubt that he has engaged in substantial self-dealing....." "The culpability is without question." We would like to avoid costly litigation and offer you a solution. We listed an amount I will accept and gave them 10 days to respond. If the demand is not accepted we will notify you of the deposition dates. Just watching the time go by for a response. |
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How far away is your number from the true amount stolen?
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TSPC.CO
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He doesn't have it. So there will be no response. If there is any response, it will be a pittance offer.
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I pray that this post is not a waste of site resources.
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Wonder if he has some type of professional insurance through this work that might payout?
Did you ever find out about the other property he was paying taxes for from you Dad's acct? |
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Originally Posted By Malbec: How far away is your number from the true amount stolen? View Quote Hard to know what was really stolen. From the statements we got from the bank, I am sure at least $311K, some while Dad was still living. Still do not know about the million however I am asking for some of that. I want to have some wiggle room and I will probably get lowballed so I just have to wait for his answer. Hoping his fear of criminal prosecution will help with his offer. I have said I will walk away for the right response. |
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Originally Posted By g2142: Wonder if he has some type of professional insurance through this work that might payout? Did you ever find out about the other property he was paying taxes for from you Dad's acct? View Quote That turned out to be Virginia income tax and the city acts as a fiduciary for the state. Dad had two years he got a refund from the state and it was deposited in his checking account and brother wrote a check to himself and stole the money. It all shows up in the bank statements. |
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What ended up happening? Did he accept your settlement offer? It seems like it's his best case scenario at this point.
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Originally Posted By slowr1der: What ended up happening? Did he accept your settlement offer? It seems like it's his best case scenario at this point. View Quote They did not respond. Confuses me because his attorney said they were willing to negotiate a settlement. We are moving forward and scheduling a deposition and another hearing. |
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Originally Posted By EDDIECRUM: They did not respond. Confuses me because his attorney said they were willing to negotiate a settlement. We are moving forward and scheduling a deposition and another hearing. View Quote Maybe they are thinking calendar days not business days? Was there an actual date deadline in the letter? |
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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/
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Date and time.
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Originally Posted By EDDIECRUM: They did not respond. Confuses me because his attorney said they were willing to negotiate a settlement. We are moving forward and scheduling a deposition and another hearing. View Quote |
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Originally Posted By EDDIECRUM: 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. View Quote I wonder if your brother (I believe that's the relation) is surprised at the lengths you're willing to go to hold him accountable? He probably coasted by, spending money, thinking he was riding the gravy train for quite some time without much concern. Now he finds himself with a pit bull clamped on to his leg who will not let go. He likely never believed he'd be outed let alone dragged through these sorts of exhaustive legal proceedings. |
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Sic Semper Tyrannis
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Originally Posted By Bubbles: I wonder if he's just a scummy insurance salesman masquerading as a financial advisor. View Quote Found out this is pretty much the case. My attorney has pulled his license data and found out he is just an insurance agent that can sell annuities, thus, a financial advisor. He is writing a subpoena and will present it to a judge for signature, to send to all of the approved companies brother deals with to see if he ever opened any account using my fathers trust. Pretty much a fishing expedition. We are asking the bank where trust money was for more information that should have been sent to us. Looks like they left out a full year, and it was included the subpoena. We are also going to ask the court for us to allow us to look back a few more years than we were granted in one of the hearings we had, based on the discovery of the fraud and self serving. |
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Originally Posted By EDDIECRUM: We are asking the bank where trust money was for more information that should have been sent to us. Looks like they left out a full year, and it was included the subpoena. We are also going to ask the court for us to allow us to look back a few more years than we were granted in one of the hearings we had, based on the discovery of the fraud and self serving. View Quote The first year covered by the subpoena, or one in the middle? Can you ask the court to compel the bank to honor the subpoena? And WTF does the bank have to hide here? Is there any way they could be complicit or liable? |
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R.I.P. Brian Michael Wallace, AKA FCSD2162
Help Brian's young daughter: https://givesendgo.com/Brianwallace |
Originally Posted By PepePewPew: The first year covered by the subpoena, or one in the middle? Can you ask the court to compel the bank to honor the subpoena? And WTF does the bank have to hide here? Is there any way they could be complicit or liable? View Quote View All Quotes View All Quotes Originally Posted By PepePewPew: Originally Posted By EDDIECRUM: We are asking the bank where trust money was for more information that should have been sent to us. Looks like they left out a full year, and it was included the subpoena. We are also going to ask the court for us to allow us to look back a few more years than we were granted in one of the hearings we had, based on the discovery of the fraud and self serving. The first year covered by the subpoena, or one in the middle? Can you ask the court to compel the bank to honor the subpoena? And WTF does the bank have to hide here? Is there any way they could be complicit or liable? Doubt if the bank is in on it. This is a big national bank and they have a legal department that handles these matters. We are talking to them on the phone followed by letters. Banks have to keep records for 5 years, and they probably keep them longer than that. |
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I'm so happy to hear you're following through with this. I've seen this so many times and people just give up.
I'm a business owner and do good so I'm the type that would spend 50 just to get 10 back from a thief. Id want criminal charges. Legal stuff is draining for sure, but keep at it. The money, none of that crap really matters. What matters is someone getting what they deserve. Maybe I'm being harsh, but a little time in jail, loss of his business and large restitution is not unreasonable in this case. |
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I judge early yet harshly and gloat when vindicated.
I blame technicalities or corruption and big city thinkin' when I'm not vindicated. I am, after all, just your imaginary internet friend. |
Any updates?
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Originally Posted By Fella: I'm so happy to hear you're following through with this. I've seen this so many times and people just give up. I'm a business owner and do good so I'm the type that would spend 50 just to get 10 back from a thief. Id want criminal charges. Legal stuff is draining for sure, but keep at it. The money, none of that crap really matters. What matters is someone getting what they deserve. Maybe I'm being harsh, but a little time in jail, loss of his business and large restitution is not unreasonable in this case. View Quote Yes, I'm hanging there. Expensive? Yes, but I am well funded and wife is backing me up. Nothing new at this point. Still waiting for the bank to deliver. Have not talked with my attorney in days but hopefully he can get a judge to issue a subpoena to look at brothers business. Going on for 21 months so it is a slow process. My attorney CANNOT threaten them with a criminal prosecution, HOWEVER, I am wondering if I can get another beneficiary to casually drop the fact that a criminal prosecution might happen if brother does not make the trust whole? Don't know if that violates any laws and I do not want to ask my attorney that question in order to protect him. Any answers to that might help. The federal violations are that brother has a sworn IRS statement Filing For a Deceased Person, that all of laws of the deceased person state will be followed. Two years federal returns were stolen rather than deposited into the trust. He also under reported dad's income 2 years in a row by $48K each year so there would be a larger tax return to steal. He also stole two years of state returns. Still a lot going on...just slowly. Waiting to get all of the subpoena data before depositions. |
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Originally Posted By EDDIECRUM: Yes, I'm hanging there. Expensive? Yes, but I am well funded and wife is backing me up. Nothing new at this point. Still waiting for the bank to deliver. Have not talked with my attorney in days but hopefully he can get a judge to issue a subpoena to look at brothers business. Going on for 21 months so it is a slow process. My attorney CANNOT threaten them with a criminal prosecution, HOWEVER, I am wondering if I can get another beneficiary to casually drop the fact that a criminal prosecution might happen if brother does not make the trust whole? Don't know if that violates any laws and I do not want to ask my attorney that question in order to protect him. Any answers to that might help. The federal violations are that brother has a sworn IRS statement Filing For a Deceased Person, that all of laws of the deceased person state will be followed. Two years federal returns were stolen rather than deposited into the trust. He also under reported dad's income 2 years in a row by $48K each year so there would be a larger tax return to steal. He also stole two years of state returns. Still a lot going on...just slowly. Waiting to get all of the subpoena data before depositions. View Quote View All Quotes View All Quotes Originally Posted By EDDIECRUM: Originally Posted By Fella: I'm so happy to hear you're following through with this. I've seen this so many times and people just give up. I'm a business owner and do good so I'm the type that would spend 50 just to get 10 back from a thief. Id want criminal charges. Legal stuff is draining for sure, but keep at it. The money, none of that crap really matters. What matters is someone getting what they deserve. Maybe I'm being harsh, but a little time in jail, loss of his business and large restitution is not unreasonable in this case. Yes, I'm hanging there. Expensive? Yes, but I am well funded and wife is backing me up. Nothing new at this point. Still waiting for the bank to deliver. Have not talked with my attorney in days but hopefully he can get a judge to issue a subpoena to look at brothers business. Going on for 21 months so it is a slow process. My attorney CANNOT threaten them with a criminal prosecution, HOWEVER, I am wondering if I can get another beneficiary to casually drop the fact that a criminal prosecution might happen if brother does not make the trust whole? Don't know if that violates any laws and I do not want to ask my attorney that question in order to protect him. Any answers to that might help. The federal violations are that brother has a sworn IRS statement Filing For a Deceased Person, that all of laws of the deceased person state will be followed. Two years federal returns were stolen rather than deposited into the trust. He also under reported dad's income 2 years in a row by $48K each year so there would be a larger tax return to steal. He also stole two years of state returns. Still a lot going on...just slowly. Waiting to get all of the subpoena data before depositions. Hell, contact the IRS, they HATE to be the ''victim'' of theft. |
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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. |
Check in on this thread whenever I see it in the feed. Keep after him and absolutely destroy him if you can, not just broke but unemployable and destitute. There is no punishment too harsh for someone who behaves like this and screws people over, not the least of which is the person who trusted him before passing...
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Originally Posted By fxntime: Hell, contact the IRS, they HATE to be the ''victim'' of theft. View Quote View All Quotes View All Quotes Originally Posted By fxntime: Originally Posted By EDDIECRUM: Originally Posted By Fella: I'm so happy to hear you're following through with this. I've seen this so many times and people just give up. I'm a business owner and do good so I'm the type that would spend 50 just to get 10 back from a thief. Id want criminal charges. Legal stuff is draining for sure, but keep at it. The money, none of that crap really matters. What matters is someone getting what they deserve. Maybe I'm being harsh, but a little time in jail, loss of his business and large restitution is not unreasonable in this case. Yes, I'm hanging there. Expensive? Yes, but I am well funded and wife is backing me up. Nothing new at this point. Still waiting for the bank to deliver. Have not talked with my attorney in days but hopefully he can get a judge to issue a subpoena to look at brothers business. Going on for 21 months so it is a slow process. My attorney CANNOT threaten them with a criminal prosecution, HOWEVER, I am wondering if I can get another beneficiary to casually drop the fact that a criminal prosecution might happen if brother does not make the trust whole? Don't know if that violates any laws and I do not want to ask my attorney that question in order to protect him. Any answers to that might help. The federal violations are that brother has a sworn IRS statement Filing For a Deceased Person, that all of laws of the deceased person state will be followed. Two years federal returns were stolen rather than deposited into the trust. He also under reported dad's income 2 years in a row by $48K each year so there would be a larger tax return to steal. He also stole two years of state returns. Still a lot going on...just slowly. Waiting to get all of the subpoena data before depositions. Hell, contact the IRS, they HATE to be the ''victim'' of theft. Ask your lawyer, but at some point when you have adequate proof from court proceedings, id report him to the irs and the licensing agency for his insurance stuff. |
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I judge early yet harshly and gloat when vindicated.
I blame technicalities or corruption and big city thinkin' when I'm not vindicated. I am, after all, just your imaginary internet friend. |
Originally Posted By Fella: Ask your lawyer, but at some point when you have adequate proof from court proceedings, id report him to the irs and the licensing agency for his insurance stuff. View Quote View All Quotes View All Quotes Originally Posted By Fella: Originally Posted By fxntime: Originally Posted By EDDIECRUM: Originally Posted By Fella: I'm so happy to hear you're following through with this. I've seen this so many times and people just give up. I'm a business owner and do good so I'm the type that would spend 50 just to get 10 back from a thief. Id want criminal charges. Legal stuff is draining for sure, but keep at it. The money, none of that crap really matters. What matters is someone getting what they deserve. Maybe I'm being harsh, but a little time in jail, loss of his business and large restitution is not unreasonable in this case. Yes, I'm hanging there. Expensive? Yes, but I am well funded and wife is backing me up. Nothing new at this point. Still waiting for the bank to deliver. Have not talked with my attorney in days but hopefully he can get a judge to issue a subpoena to look at brothers business. Going on for 21 months so it is a slow process. My attorney CANNOT threaten them with a criminal prosecution, HOWEVER, I am wondering if I can get another beneficiary to casually drop the fact that a criminal prosecution might happen if brother does not make the trust whole? Don't know if that violates any laws and I do not want to ask my attorney that question in order to protect him. Any answers to that might help. The federal violations are that brother has a sworn IRS statement Filing For a Deceased Person, that all of laws of the deceased person state will be followed. Two years federal returns were stolen rather than deposited into the trust. He also under reported dad's income 2 years in a row by $48K each year so there would be a larger tax return to steal. He also stole two years of state returns. Still a lot going on...just slowly. Waiting to get all of the subpoena data before depositions. Hell, contact the IRS, they HATE to be the ''victim'' of theft. Ask your lawyer, but at some point when you have adequate proof from court proceedings, id report him to the irs and the licensing agency for his insurance stuff. |
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If you say "Fuck you, pay me or I'll send info on your financial shenanigans to the IRS" that's extortion and illegal.
If you say "Fuck you, pay me and oh BTW I sent info on your financial shenanigans to the IRS so I'm real surprised your attorney hasn't told you to get this wrapped up ASAP" that's legal. |
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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/
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Originally Posted By Bubbles: If you say "Fuck you, pay me or I'll send info on your financial shenanigans to the IRS" that's extortion and illegal. If you say "Fuck you, pay me and oh BTW I sent info on your financial shenanigans to the IRS so I'm real surprised your attorney hasn't told you to get this wrapped up ASAP" that's legal. View Quote Thanks for the answer. It is sound advice. |
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Deposition set July 21, 0900.
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good luck.
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Donald Trump is President Redpill, his presidency sure as shit disclosed a lot of corruption - in both parties.
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Brother’s attorney is discussing settlement prior to the deposition that is scheduled for 7/22. The attorney is hinting brother might have Brandon’s dementia. Getting tested soon.
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That sounds like they're trying for "it's OK that he stole dad's money because he's out of his mind and didn't know it was stealing".
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R.I.P. Brian Michael Wallace, AKA FCSD2162
Help Brian's young daughter: https://givesendgo.com/Brianwallace |
He was of sound mind when he stole I would assume..... but if he isn't of sound mind now, push that you get POA over him.....cause reasons....
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TSPC.CO
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Originally Posted By EDDIECRUM: Found out this is pretty much the case. My attorney has pulled his license data and found out he is just an insurance agent that can sell annuities, thus, a financial advisor. He is writing a subpoena and will present it to a judge for signature, to send to all of the approved companies brother deals with to see if he ever opened any account using my fathers trust. Pretty much a fishing expedition. We are asking the bank where trust money was for more information that should have been sent to us. Looks like they left out a full year, and it was included the subpoena. We are also going to ask the court for us to allow us to look back a few more years than we were granted in one of the hearings we had, based on the discovery of the fraud and self serving. View Quote View All Quotes View All Quotes Originally Posted By EDDIECRUM: Originally Posted By Bubbles: I wonder if he's just a scummy insurance salesman masquerading as a financial advisor. Found out this is pretty much the case. My attorney has pulled his license data and found out he is just an insurance agent that can sell annuities, thus, a financial advisor. He is writing a subpoena and will present it to a judge for signature, to send to all of the approved companies brother deals with to see if he ever opened any account using my fathers trust. Pretty much a fishing expedition. We are asking the bank where trust money was for more information that should have been sent to us. Looks like they left out a full year, and it was included the subpoena. We are also going to ask the court for us to allow us to look back a few more years than we were granted in one of the hearings we had, based on the discovery of the fraud and self serving. Did these extra subpoenas come back? |
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We did get some info back but it did not forward my case.
On the other hand, they offered a settlement and I rejected it. Said he is broke and only has a few thousand dollars and no other assets, in debt to the IRS, etc. He submitted a financial statement but left off the income part. I have asked for a SWORN statement for him and his spouse, and asking for specific data. I have floated the idea if he has life insurance policies I may accept the idea that I could be made the beneficiary with some very specific instructions. At least he knows I am the pit bull and not letting go. He has until the end of the month to answer. |
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