Jasper52
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- Jun 8, 2012
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Who is the person tweeting screen shots of our posts on WS? This one is of a bznbear and WhoaIsMe exchange. Grrr!!
https://twitter.com/hashtag/jodiarias?f=realtime
I have been saying all along that I believe there are problems with her money and that it is not in fact protected. A trust account to benefit Jodi (i.e. one where someone else couldn't just help themselves to the money) would have Jodi's name on it. No problem at all for investigators to find an account titled in this way. IIRC, OJ would have had his money taken away if it was in trust. He had it put into an annuity. He also kept his house, which he had newly bought in Florida. Under Florida law, presumably, OJ was able to use these two provisions to sock his wealth away and not have to use it for restitution.
The OJ experience tells me Jodi is getting very bad "legal" advice if she thinks a trust will protect her resources. This is IMO (I used to work in financial services).
Plus, now Jodi has been caught overtly trying to shelter money in advance of her trip to Perryville. She also has no opportunity to communicate further with anyone who is handling her funds before the white bus with slit windows hauls her away.
Also, if JA wants any access to this money (e.g. for commissary), presumably it would have to be reported to prison authorities. Using a counter example, if a person has to report owning a trust account in order to get Medicaid or any kind of state-provided low-income benefits, you can almost guarantee that a prisoner would be subject to that kind of rigor. Too much money in trust (>$2,000?), means no Medicaid or low-income benefits. I can't think JA can get herself a more privileged financial position than an honest person of limited means who is going through a rough patch.
PS I hope MDLR gets a come uppance for helping Jodi shelter her funds.
The Legal issues surrounding a Trust fund should become clearer in the days ahead. I pray there is not a Legal loophole of any kind. She deserves nothing. I pray it was bad advice and that Karma is finally rolling her way.
It's not necessarily true that a trust to help JA would have her name on it per se.
From what I can gather, the trust being referred to is the infamous "Appellate" fund. A trust could theoretically have been set up in such a way that it is not in her name, and executors put in place to dispense funds on her behalf without her participation.
From personal experience I know that trusts involving real assets are fairly complicated. I doubt the Appellate fund was set up very well, and from the hints that have been floating about for months, trust deposits and dispersals probably won't hold up to legal scrutiny.
It made me sick going to this site, but I did so to read any/all disclaimers.
Q3: IS THE TRUST MONEY VULNERABLE TO CONFISCATION BY THE ALEXANDERS OR THE STATE?
A3: No. The Alexander-family attorney has publicly announced to the media that the Alexanders will be suing Jodi. A wrongful-death lawsuit is a vehicle by which the Alexanders will seek to get as much money as they can from Jodi. The money in the Legal Defense Fund does not belong to Jodi. The trust is not in her name, she does not control it, and she does not have access to it.
In the state of Arizona, attorneys for the state may also try to take any money from Jodi. But again, the Legal Defense Fund does not contain any money belonging to her.
The trust was carefully structured so that the funds may only be distributed for the purposes for which it was created legal defense and appellate costs. The money cannot be taken out for any other reason.
Q11: WHO IS THE TRUSTEE?
A11: The trustee is Sue Allen Halterman, Jodis aunt. She had an attorney structure the trust so that not even she may use any of the funds for herself. Despite both her attorney and her tax consultants advising her to take a monthly trustee fee from the trust, she refused this option. In the event that she no longer wishes to be trustee, successor trustees are in place.
You can read more Appellate Fund FAQ'S here: http://justice4jodi.com/
I'm NOT a supporter, just the messenger.
Maybe someone could read this and tell us if it's legally binding?