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Hackers Underworld 2: Forbidden Knowledge
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Hackers Underworld 2: Forbidden Knowledge.iso
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WEALTH
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LAWSUIT
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ONE.TXT
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1994-07-17
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NEED FOR PROTECTION
If someone slips and falls in a business, or if a
car taps their car's rear end, they react like they
just won the lottery. If an armed thug breaks into a
home in the dead of night, slips on a child's marbles,
and breaks a leg, he can sue and likely win.
One idiot strapped a refrigerator on his back and
ran in a race. The strap broke and he hurt his back.
He sued the strap manufacturer and collected $1.3
million.
It is impossible to buy an skateboard anywhere
these days. The manufacturers can't get liability
insurance. (So the kids make more dangerous home built
ones instead.)
Once there is a judgment against somebody, the
court swears them in and takes their testimony "in aid
of collection." They have to tell the court everything
-- no matter how unjust the case is. What properties
they own, what savings accounts, what checking
accounts, and what money market funds, and how much is
in each one. What stocks they own, what bonds they
own, where each and every safe deposit box is and what
precisely they have in each.
If one were a rapist or murderer, they'd have more
rights, such as a right to silence. But as a judgment
debtor a person has no rights, as the winner now owns
everything. And heaven help the defendant if he fudges
on his testimony. If he conceals a safe deposit box,
or that stash of 100 Krugerrands he buried ten years
ago in the garden, he's committing perjury, a felony.
With mandatory sentencing guidelines in effect in most
jurisdictions, he will go to prison for the amount of
time specified in the statute -- the judge no longer
has the discretion to set the sentence but must
sentence in accordance with the guidelines created by
the legislature for that crime. The popular concept
of probation for a first offense is no longer true in
many jurisdictions, including the federal court system.
The perjury defendant may even spend more time in
prison than the thug who broke into his house and
slipped on his child's marbles.
While the defendant's lying about his assets will
always be the felony of perjury, if the thug walked
into the house in daylight through an unlocked door,
his crime is likely to be the misdemeanor of trespass,
with a maximum sentence of six months, versus the
perjury felony with a maximum of from five to twenty
years, depending upon the jurisdiction.
It is all too easy to go around saying it won't
happen, but once it happens, it is too late. If money
is transferred after an incident or accident, that is
concealing assets, which can cause both criminal
charges and civil loss of other assets. The law looks
at it as stealing the property of the person who is
suing, or who may sue. The defendant may think it is
his lifetime savings from hard work, but legally he now
holds it in trust for the person who has a pending
claim. Presumed knowledge of the possibility of a
claim is sufficient to invoke these fraudulent transfer
laws. So if somebody moves their money the morning
after an auto accident, it is likely to come back to
haunt them. The only legally valid protection is to
take careful and legal protective steps before there
is even a potential claim against a person or his
assets.
While these concerns with protecting assets
obviously apply mostly to American readers, non-
American readers need to consider the dangers of
keeping bank accounts or other assets in America while
this craze rages on. It also raises serious concerns
about the viability of investments in American
businesses that might be affected by such judgments.
Inadequate insurance
A doctor works all his life to provide competent
and effective care for his patients. A surgery leaves
a patient crippled. No surgeon is 100% successful, but
the jury in the malpractice suit awards the plaintiff
$15,000,000, an amount greater than the policy limits.
Or worse, the insurance company fails and there is no
protection.
Partnerships
A law firm is having its monthly partners meeting.
They send out for lunch. Most want pizza but one wants
a pastrami sandwich. Their secretary decides to go
pick it up. Unknown to the twelve partners this person
has a horrible driving record. On the way back the
secretary runs into a group of pedestrians. The police
arrive. The secretary eats the pastrami and the
partners are sued. A judge decides that they are
liable as the secretary was performing an act for the
partners in her ordinary course of employment. The
jury, sympathetic to the victims and enraged by the
driving record awards $3,000,000 in damages. As
partners all of the lawyers are jointly and severally
liable. In effect, the jury has awarded the plaintiffs
three condos, two sail boats, three houses, nine cars,
and twelve installment notes.
Directorships
It used to be an honor to be a director of a bank,
savings and loan or prominent business concern. Today
there are over 2,243 directors of banks and savings
institutions being sued. One hospital failed and the
IRS sued its community advisory board for unpaid back
taxes.
Simple Ownership
A land speculator bought a parcel for subdivision,
held it for one week and sold it to a developer.
Later, after houses were built, a homeowner who was an
environmental engineer noticed an old buried drum. It
contained a deadly toxin. The Environmental Protection
Agency held the site to be a "superfund" site. The
largest law firm in the world, Uncle Sam, began an
action against the landowners. The suit brought in the
land speculator. Although the total invested was only
$100,000, the inferred liability exceeded $30,000,000.
Under the law this can never be discharged. The
corporate builder and corporate developer collapsed
leaving the individual land speculator to carry forever
his modern scarlet letter.
Joint Ownership
Mom with the best of intention deeded her house to
joint ownership with her son. She intended to avoid
probate, taxes, etc. Unfortunately, a tax shelter that
he participated in resulted in an unfunded tax
liability of $75,000. The son was a little down on his
luck at the time of the tax levy. IRS can seize and
sell the house according to the United States Supreme
Court.
Inferred Liability
A woman answers a knock at the door and lets the
IRS agent into her house. the IRS agent gives her a
bill for over $100,000 of back taxes, penalties, and
interest with her ex-husband's name. Apparently he was
a little creative with his filings, while she simp