Posted by JMG at 12:16 PM
Frogdancer posted at 3:26 PM, January 05, 2012
reader posted at 10:45 PM, January 05, 2012
Hopefully he won't get off and justice will be served.
Paola posted at 4:04 AM, January 06, 2012
Patience is of the essence.
Sometimes we are rewarded.
Mean Mama posted at 3:22 PM, January 06, 2012
"If you wait long enough by the side of the river . . ."
Hey, Leo--ain't karma a bitch!
Major Bedhead posted at 11:08 AM, January 08, 2012
Nice to see karma doing her job again.
kim at allconsuming posted at 7:40 AM, January 19, 2012
I'm still trying to get my head around how authorities somehow seemed to have you to blame for this - with you having to pay money over etc to avoid charge. My head hurts from all of it.
JMG posted at 8:58 AM, January 19, 2012
Not so much "the authorities" as the PRIVATE attorneys to whom the authorities (on the civil, not criminal side) delegate the responsibility of dividing the carcass of a bankrupt company.
We're not alone, incidentally, in getting raked over the coals to avoid further (unaffordable) unpleasantness. Keep in mind the trustee wound up keeping +/-70% of the funds "recovered" so there was a very strong incentive to a) "recover" funds from as many people as possible (because, hey, you as a trustee get to keep 70% of that) and b) not release any assets (because, hey, you could have kept 70% of them).
The "thing" was that the trustee alleged we had gotten some improper payments. This was manifestly and demonstrably untrue AND we had evidence to the effect the trustee lied (er, sorry, "accidentally misstated") on a slew of documents. My personal choice -- and I was overruled in the familial council by a trillion to one -- was to call their bluff.
However, the cost of proving our absolute and total innocence was more than we could bear and (follow closely here) the trustee could have maneuvered (via motions, filings, etc.) to have made that cost completely unbearable.
No, we would not have been able to recover those costs had we won.
So the choices were:
1) Call their bluff, aggressively.
2) Pay $X and it all went away immediately.
3) Proceed to litigation, which would have entailed +/- 18 months and $2X in costs.
So, if you ever wonder why attorneys have such a less-than-glowing reputation in the USA, blame attorneys like these.