EAR: One for the FOH US Attorney brigade

[dominattorney]

11 minutes ago, NSXCIGAR said:

Not worthless but of no realizable market value. I don't know of any other item (Cuban products) that is similar in that sense. Even if they could be assigned value by an expert he is prohibited by law from realizing that value. So technically not worthless but an item that is impossible to place a value on. By law, they cannot be brought to market or liquidated. 

 

If the transactions took place between Jan 17 and Sep 20 it would not have been illegal to purchase CCs--only to import via shipment. As I pointed out it would be impossible to rule out the cigars purchased having been brought to the US properly on his or someone's person based on purchase records alone. I suppose an OFAC or DHS investigation could determine he didn't travel anywhere but I don't think that's realistic in this case...or many cases. 

Of course if the transactions took place between 1962 and 2016 it would have been illegal to purchase CCs outside of Cuba. 

Yea, but that's almost as bad as me going into a murder trial and saying the lady was dead when my client got there, so why not see what it feels like to strangle a human body? Life only gives you so many opportunities after all. 

[NSXCIGAR]

7 hours ago, HarveyBoulevard said:

Depending on where you live, drugs and hookers are legal. 

Yes, but in the context of a marriage I could certainly see a court finding hookers immoral. And I suppose marijuana is legal in places but so is alcohol and obviously a court would find that immoral. 

I just don't think cigars could be placed in that category unless there's some precedent or case law you're aware of. Any recreational activity like car track events or golf outings could be put in that category as well. 

I just don't think throwing cigars in with gambling, hookers and drugs is a reasonable position.

 

4 hours ago, dominattorney said:

Yea, but that's almost as bad as me going into a murder trial and saying the lady was dead when my client got there, so why not see what it feels like to strangle a human body? Life only gives you so many opportunities after all. 

Well, that would be quite an abnormal behavior in the average juror's eyes. You're dealing with circumstantial evidence there.

This isn't really a gray area--these items are prohibited by law from being sold or traded. It's not his fault. If he can't realize any monetary value how can the wife? 

Again, this is clearly a very unique case. I cannot think of any other item that is subject to these restraints. It's black-letter law. A court should be able to see that. 

[Huckleberry]

Just give her half of them and let her do with them what she will.  Cut it down the middle and call it good.  If I were in divorce proceedings my collection wouldn’t have made it this far.

My wife knows where the fire pit is

 

[Ken Gargett]

5 hours ago, GoodStix said:

 What area of practice, Ken?  (btw, very much enjoy your reviews, thx)

thanks. in the States, it was an international banking group. we acted for about 100 foreign banks (and fannie may). in the UK, shipping and aircraft finance. in sydney, another int banking group. qld was more commercial, finance, property. 

[El Presidente]

5 hours ago, GoodStix said:

 What area of practice, Ken?  (btw, very much enjoy your reviews, thx)

Ken did conveyancing. Never quite organized enough for that and so specialised in eviction notices /  slum lord legal work.  

It was a natural progression to the wine industry. 

[Ken Gargett]

50 minutes ago, El Presidente said:

Ken did conveyancing. Never quite organized enough for that and so specialised in eviction notices /  slum lord legal work.  

It was a natural progression to the wine industry. 

nice! if i had done conveyancing then i would have come across you in your life as a real estate agent. 

[joeypots]

I'm divorced and I'm not getting married again. Instead, the next time I want to get married I'm going to find a woman I don't like and buy her a house.

 

[HuffnPuffff]

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[GoodStix]

The horror!

[zuhaib]

19 hours ago, El Presidente said:

Busy email day 

so my dilema  boils down to the fact that my x's attorneys are going hard. The situation has turned ugly and they are seeking full purchase records and valuations going back years. I need to provide disclosure but I also have to provide valuations. Rob you know I have a decent collection and if they went on Bond Roberts it would seem like I have a mini fortune. I can handle my side but I would like to ask what would you or BR do if you were approached to disclose sales or provide a valuation. 

 

I actually get the above question regularly and our general course of action is to ignore all requests and play dumb (Yes I know, I have nailed the brief )  

We say nothing to no one. Mind you I will give you a call  if subpoenaed locally and given a choice of rolling over the info or spending 30 days in the cooler. 

My question to our US Attorney members........exactly what can be done by US attorneys trying to elicit such information from OS companies/individuals?   How can they turn up the heat or is it all piss and wind?

I think this request is not legal, but, more a friendly "Hey can you tell me based on fair market value what my sticks are worth on the open market (aka BR)". I am guessing the Lawyers want an appraisal of the Cigars.  I assume people in the US exist who can apprise Cigars, even Cubans and can likely do it for a fee so I think this guy is just trying to find a way to do it for free. His lawyer should be advising him on how to move forward so no idea why the guy is emailing you.

I am not a lawyer but I play one on the internet.  I would guess if the other lawyer really wanted to subpoena you it would require a lot of work and you would likely find out not via email.  Basic googling says its possible to actually subpoena someone in OZ because of deals with the US but really worth nothing unless you step in the US territories or the Gov gets involved.  But I would just tell the guy to find someone in the US who does Cigar appraisals or other "luxury" goods.   

[Huckleberry]

6 hours ago, HuffnPuffff said:

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Like I was saying  

I am on the stay married train for all kinds of reasons.  She can take a boyfriend if necessary, just don't hurt my cigars.