Results 201 to 225 of 270
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01-22-2020, 02:50 PM #201
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01-22-2020, 03:09 PM #202
Typically people don’t report imputed income on pocket cold cuts and baked goods.
I still call it The Jake.
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01-22-2020, 07:46 PM #203
Are you bored or something?
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01-22-2020, 08:36 PM #204
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01-22-2020, 08:44 PM #205
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02-18-2020, 08:31 PM #206
The ol' wife got 90 in the pokey, 5yrs probation, 300hrs community service.
https://www.aspentimes.com/news/wife-of-embezzler-in-aspen-skiing-co-scheme-blames-husband-at-sentencing/
Haven't heard if they face tax evasion fees or charges or what.
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02-18-2020, 08:44 PM #207
I'm pretty sure the insurance company can go after them with a civil suit for the 6 million they had to pay out.
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04-15-2020, 07:14 PM #208Banned
- Join Date
- Oct 2003
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- In Your Wife
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- 8,291
Okay, this is truly comedy gold and we all need a lift. Yetiman, or (with his permission, I assume) somebody else needs to record the cover version of this singing the lyrics you/he wrote. A good ski-related laugh would be good for all of us right now. I don't play any instruments, nor do I sing, otherwise I would step up, but somebody else should.
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04-15-2020, 08:17 PM #209
thanks for the bump, that is epic
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11-09-2021, 04:45 PM #210
nailed it. $5.2 Million.
https://www.aspentimes.com/news/aspe...-selling-scam/north bound horse.
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11-09-2021, 07:34 PM #211man of ice
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- Jun 2020
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- in a freezer in Italy
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11-09-2021, 07:55 PM #212
They had excellent feedback scores. I was happy with my transaction..
Go that way really REALLY fast. If something gets in your way, TURN!
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11-09-2021, 09:21 PM #213
10/10 would shop again. Great seller.
Is it radix panax notoginseng? - splat
This is like hanging yourself but the rope breaks. - DTM
Dude Listen to mtm. He's a marriage counselor at burning man. - subtle plague
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11-10-2021, 05:32 AM #214
0/10, we want our money back. - National Union Insurance Co.
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11-10-2021, 06:22 AM #215
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11-10-2021, 09:50 AM #216
I can’t believe they agreed to a plea deal and payment to Aspen with no regard to amounts owed the insurer. The insurer is often happy to take $.20 on the dollar, I’ve seen them agree to get as little as 5% back in exchange for not pressing charges.
The only other angle I can see here is they assumed they were going to file bankruptcy anyway and now this will push them over the edge. Either that or they are going to be suing their attorney for malpractice.
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11-10-2021, 10:31 AM #217
The reason the criminal plea agreement did not involve consideration of the insurance company's loss is the insurance company is not viewed as the victim in the criminal case. Further, prosecutors press charges, not victims (they may take a victim's wish into consideration but ultimately, prosecutors and prosecutors alone decide who gets charged). Prosecutors do represent the victim, they represent society as a whole. Victims are free to hire their own attorney in both criminal and civil matters.
Even if the criminal restitution includes the entire loss, rather than just the deductible paid by Aspen Co., that does not prevent Aspen, or the insurance company, from suing the defendants in civil court (so there would be no advantage to the defendants if the restitution amount ordered in the criminal case included both Aspen and the insurance company). Criminal courts do not do a whole lot to try to collect on the restitution, so if you want to take matters into your own hands (like the insurance company here) you need to sue in civil court, obtain a judgment, then garnish wages, send to collections, ect. Aspen Co is free to sue in civil court as well (even though they have already been ordered restitution for their loss in the criminal case). I assume Aspen Co won't be suing because the cost of litigation would exceed what they are able to collect.
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11-10-2021, 11:06 AM #218
Your take sounds good but it seems wrong as a matter of Colorado law, because:
Originally Posted by Colorado Revised Statute 18-1.3-603
Any CO lawyers want to weigh in on this?
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11-10-2021, 11:24 AM #219
How could they negotiate with the insurer? They were prosecuted for grand larceny from the Aspen, not insurance fraud. This is all after the fact. But somebody at the insurance legal department must be bored, because this is kind of dumb. Blood from a stone and all that. Both earners will never make enough to decently survive, let alone pay this thing off.
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11-10-2021, 11:25 AM #220"timberridge is terminally vapid" -- a fortune cookie in Yueyang
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11-10-2021, 11:28 AM #221
This actually seems like something any half-assed civil litigator would know. Hell, I don't practice in CO and I knew to google it because I know that criminal restitution orders can be converted to civil judgments in MT. I get that I am not the legal wizard that Benny is, bless his heart, but I do my best.
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11-10-2021, 11:34 AM #222
If the insurance company paid Aspen then why are the criminals also paying Aspen? Aspen's been reimbursed. If anything Aspen should return to the insurance company any restitution received from the thief.
Go that way really REALLY fast. If something gets in your way, TURN!
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11-10-2021, 11:38 AM #223Registered User
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They have 3 kids in the middle of this shit. They are the real losers in all of this.
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11-10-2021, 11:42 AM #224
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11-10-2021, 11:43 AM #225
"Any order for restitution entered pursuant to this section is a final civil judgment in favor of the state and any victim. Notwithstanding any other civil or criminal statute or rule, any such judgment remains in force until the restitution is paid in full"
I read that statute as the same as we have in Washington. That restitution orders entered in a criminal case carry the same force and effect as civil judgments. They can also be enforced just like civil restitution orders (garnishment, collections, ect). In other words, Aspen does not need to obtain a judgment (they already have one) but they would still need to sue to garnish wages. The insurance company needs to obtain a judgment before they can do mean things like garnish wages.
In Washington, and I assume every state, you cannot discharge criminal restitution orders in bankruptcy. Also, here, you can get the interest on your court fines waived, but not the interest that applies to the restitution (typically something outrageous like 12%). Every dollar the defendant pays to the court goes to pay the restitution first, and in full, before any amount goes to the court. And you can never vacate, expunge, ect. a conviction until restitution is paid in full. But the bottom line is most restitution in criminal courts never gets paid in full. I think more victims in criminal courts should sue defendants and then garnish the defendant's wages. The prosecutor/court will not do this for you. People naively assume the court is doing everything they can to collect.
One of my very first law jobs was an internship for a collections law firm in SLC whose main client was dentist and doctors suing single moms who couldn't pay their bills. I was told the firm accounted for something like 20% of all filings in the SLC court system. If was obviously a lucrative practice.
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