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An Unfortunate Situation... An Unfortunate Situation...

02-02-2012 , 08:37 PM
You're doing some pretty serious mental gymnastics here Larry.
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02-02-2012 , 08:52 PM
Quote:
Originally Posted by Larry Legend
I like to think the way this started was the dad was trying to basically gamble it up with this money and make a profit. I am assuming he didnt take it to pay off a drug habit/ gambling losses/ personal debt. If he was doing one of those things obv he is a bad father and a piece of ****.

What it sounds like is he had the money invested in places that turned out to lose by a very large % and he "got screwed", now feels bad, and wants to repay his son, but realistically may not be able to.

That I would forgive.
Larry,

This is from OP's post 37:

Quote:
As far as the way the money was taken out, it looks like it was done mainly in the form of wire transfers and I think one check was cut. I did find a fax lying around that my dad said that basically said this (paraphrasing)...

"please obtain a distribution in X amount by check sent to me, said distribution is for the benefit of (danke_123) beneficiary of the account, to be used for the benefit and with agreement of the account beneficiary, danke_123"

No joke, I actually have a fax like that sent from my dad to the advisor. (There are multiple faxes like that, one even has my dad's signature).
His father had money from OP's account wired to the father's account. He withdrew the money for his own use and pretended that it was for the benefit of OP (the only legal way for him to do this). Since OP didn't even know about it, the money was clearly not for OP and for Dad's personal use. It wasn't just investment losses within the account. Dad was taking money from the account. That is fraud and illegal. It's theft. Pure and simple.

My understanding is that Dad is offering to repay the money he stole, not repay the investment losses. He shouldn't have to repay OP for investment losses, but he should repay the money he illegally withdrew/stole.
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02-03-2012 , 12:10 AM
Alright I concede.

You are correct he should not have written those letters and I missed that post. That is def fraud and very bad.

I think everyone would handle the reactions to it differently, but at least for OP's sake there was still 40k left so his dad probably didnt put himself in complete debt.
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02-03-2012 , 12:06 PM
OP,

I would let it slide and work out a payment plan with your dad after I get the account in my name and tell him he will need to earn your trust back. It is real easy to say screw him, he stole from me. Most people would not do this IMO if they have any type of normal relation with their dad. I know I would not even if I needed the money.
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02-03-2012 , 12:24 PM
1) Take control of account
2) Hire an accountant to determine exactly what happened
3) Then it dDepends on what happened and personal decision on whether to involve the law.

If you come to a settlement outside the law then far better if there is some sort of formality involved using an accountant or other professional rather than some wishy washy 'dont worry son I'll pay you back'
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02-03-2012 , 01:36 PM
Quote:
Originally Posted by chezlaw
2) Hire an accountant to determine exactly what happened
???
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02-03-2012 , 01:51 PM
It will probably obvious what happened but you dont want to be doing this yourself. Let a professional third party ask the awkward questions and get any agreement to pay you back communicated to them, let them be the ones asking 'dad' to be sign over property/assets or asking for a written agreement to pay you back in some realistic manner.

Its also possible the advisor was at fault, again short of calling the police the best bet is to get an accountant to be having a look.
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02-03-2012 , 04:09 PM
nit-picking your point, because I agree with it, but an accountant or the police would be a complete waste of time.
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02-03-2012 , 04:40 PM
Quote:
Originally Posted by oofRome
nit-picking your point, because I agree with it, but an accountant or the police would be a complete waste of time.
maybe a different professional then. In the UK I would go to an accountant as they would have the expertise in financial custodian type things.
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02-03-2012 , 07:50 PM
Quote:
Originally Posted by dalerobk
OP,

Your dad sounds like a POS. Do you NOW have control of the account? Is it possible for anyone else to access the account? I would make sure to safegaurd what's left. Your dad offered to make things right by paying you back what is yours. I doubt that will ever happen, but I wouldn't turn down any money from him. I also probably wouldn't sue him. I would just never talk to him again unless absolutely necessary. Out of curiousity, what was your relationship like before this mess?
^ I think this is a good middle-of-the-road option to take. I can't see any good coming out of suing him, nor would I expect to ever see the money again from someone who committed fraud to take 80k from your account.

OP, has your father given you a credible reason for why he took the money? I'm assuming no, given that you haven't mentioned it, but I just thought I'd ask.
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