Quote:
Originally Posted by munkey
The Colorful Cast of Characters Part I: Ira Rubin
thanks for the detailed article Diamond_Flush over @ Subject:Poker
He certainly is a rogue colourful character , but when you have a grey prohibition legal situation the more Mos Eisley type people will get involved
So far I have these questions, if you or anyone else wouldn't mind answering:
re: relief defendant
Is this a bit like innocently unknowingly buying/receiving stolen goods and having to forfeit the property but exempt from prosecution (unless the crown/state prosecutor can show you knew or paid cheaply)?
Would this apply to the top-tier FTP shareholders with no day to day management of the company, if they received 'dividends'/renumerations when FTP was below AGCC liquidity ratios and these funds were therefore not disgorged from profits?
I understand the criminal part but what civil offense is committed in this event and what remedies does the civil court have at it's disposal?
Maybe I'm just tired and being slow
Ok, so everyone knows I am not a lawyer and I defer always to those that are, but I found the following a very good explantion for the layperson regarding relief defendants.
http://www.abiworld.org/committees/n...defrauded.html
Typically, as I understand it, there can be no unjust enrichment, nor can a third party play the part of laundering the proceeds, even if seemingly unknowingly. This is also where the use of a constructive trust can come into play.
This is also the reason, I think, that during a bankruptcy or other proceeding,before rendering the final adjudication, that certain transactions, sales of property etc, going back for a specified period of time, would be reversed. Same as in the USA, when the elderly are committed to health care facilities for the rest of their lives in exchange for their possessions, anything they tried to transfer to thier kids etc, to avoid giving it up, reverts back to the persons living estate.This used to be a 2 year timeline, now I think its 5 years.
The reason I mention the latter, is because I think that would also apply in the case of FTP at this time. Even if the DOJ was found to have no standing in the Irish court, certain transactions could be reversed if they happened in some period of time prior to the filing of the bankruptcy.
Finally as to the civil/criminal thing... in the case of FTP...if someone was told by the court to hand over document XYZ and they did not, that would be a civil infraction. OTOH, they have been served with specific restraining orders forbidding anyone touching in any way, certain properties, bank accounts etc. By anyone, I mean anyone in a far reaching sense. If someone were found to have violated that restraining order (forbidden action), they could be facing criminal charges.
This is my citing: Popular Bank of Florida v Banco Popular De Puerto Rico, 180 F.R.D. 461.465 (S.D.Fla.1998): see also US v Cable News Network Inc. 865 F. Supp 1549 (S.D.Fla. 1994)
Again, I defer to the legal ppl who know this stuff much better than I