Found Alive CA - Sherri Papini, 34, Redding, 2 November 2016 - #24

[bluesneakers]

I wonder if the people who contributed to the "Help Find Sherri Papini" gofundme could file a class action suit against her?


https://www.cooper-firm.com/class-actions/

I wonder if would have any legal recourse.

 

[Betty P]

I really want to reply to sumzero's comment on the last thread (I don't know how to carry over from one thread to another) but here it is:

"Racial stereotype? I guess I’m not seeing what you’re seeing. Also, if she were making up something out of thin air, she wouldn’t have to pretend their faces were partially covered. She could say she caught a glimpse of them when they were unaware (or that their faces were not covered at All). In fact, after that much time (if this were a hoax), I’d expect her to concoct something with more detail, thinking it’d help to convince people. (Liars tend to work extra hard to make their stories believable.) But if her captors took measures to keep her “in the dark” (literally and figuratively) for three weeks, then we’d expect her to have difficulty providing information (apart from whatever impact the traumatic experience caused her).
Last edited by sumzero; 11-24-2017 at 09:28 PM."

BBM

Over the Thanksgiving holiday I watched an hour-long show about Susan Smith, the woman who drove her two children into a river, killing them, and then blamed it on a ficticous black man who carjacked her. This stood out to me right away: LE drew up a composite sketch of the suspect based on Smith's description, but it lacked detail to the point that TV stations took it down after just a few days. It raised concern in the community because people said it could have been ANY black man.

This is a good example of a woman who was guilty of a crime but lied and said she was a victim, and she also didn't offer enough detail in her sketch.

Anytime I see a similar case where someone offers a generic looking description of someone of another race as the suspect, it reminds me of the Charles Stuart case in Boston. He murdered his pregnant wife, staged it to look like a carjacking and gave a generic description of a young black male. He even went so far as to identify a black man in a lineup before his brother admitted that Charles had killed his own wife for insurance money and because he didn't want a baby.

https://en.wikipedia.org/wiki/Charles_Stuart_(murderer)

 

[bears10]

BBM

Not if your OJ Simpson.

He still owes restitution. Even if he filed bankruptcy he will still owe. His income is from pensions which are immune. Not saying it’s morally right, but it is what it is.


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[Deleted member 39678]

He still owes restitution. Even if he filed bankruptcy he will still owe. His income is from pensions which are immune. Not saying it’s morally right, but it is what it is.


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Of course he still owes the money. I don't feel that he will ever pay it.

 

[Deleted member 39678]

What if she did cash only type work like OJ Simpson's cash only autographs?

If you pay cash for everything it's hard to track and you wouldn't care about your credit rating. JMO

ETA. I edited my post to remove a quote because the OP deleted their post after I quoted their's.

 

[bears10]

True. But what if she did cash only type work like OJ Simpson's cash only autographs?

If you pay cash for everything it's hard to track and you wouldn't care about your credit rating. JMO

ETA. It looks like you deleted your post after I replied. If you wish me to do the same let me know.

She would very likely have to prove she was actively seeking a job from which her wages could be garnished. JMO and I kind of wish I never brought this up ha. It’s irrelevant right now bc she hasn’t been charged with making a false report.


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[Deleted member 39678]

She would very likely have to prove she was actively seeking a job from which her wages could be garnished. JMO and I kind of wish I never brought this up ha. It’s irrelevant right now bc she hasn’t been charged with making a false report.


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I'm not sure that she would very likely have to prove that she was seeking a job. I looked and didn't see anything that would require that but I could have missed it.

The only thing that I know of that requires you to prove your seeking employment is to receive unemployment benefits.

I'm also ready to move along from that point if you are.

JMO

 

[Deleted member 39678]

If LE ever bring charges against SP and it goes to trial, the defense attorney would have a field day if s/he could show that LE never made any effort to find the two women that SP alleged abducted her. As it is now, LE would be able to say in court that they made every effort to find them, by releasing descriptions and sketches, but were never able to trace them or even find any sightings of them. That would help their case against SP. Jmo.

If LE brings charges against Sherri for filing a false police report and the State has good solid evidence that she lied in that report I have a feeling that a good defense attorney wouldn't even try to go to trial.

The crime is a misdemeanor. It would make more sense to just plead guilty. Maybe work with the prosecutor for probation only. JMO

 

[Cannonball3804]

If LE brings charges against Sherri for filing a false police report and the State has good solid evidence that she lied in that report I have a feeling that a good defense attorney wouldn't even try to go to trial.

The crime is a misdemeanor. It would make more sense to just plead guilty. Maybe work with the prosecutor for probation only. JMO

If SP faked a kidnapping, she is in more trouble than you think. Filing a false police report would be the least of her worries compared to fraud and lying to the FBI. The criminal charges would be both state and federal, plus the civil liability.

 

[Deleted member 39678]

If SP faked a kidnapping, she is in more trouble than you think. Filing a false police report would be the least of her worries compared to fraud and lying to the FBI. The criminal charges would be both state and federal, plus the civil liability.

I completely forgot about possible Federal charges for possibly lying to the FBI.

I need to look at what kind of penalty Sherri could face for that. Thanks.

 

[bears10]

If SP faked a kidnapping, she is in more trouble than you think. Filing a false police report would be the least of her worries compared to fraud and lying to the FBI. The criminal charges would be both state and federal, plus the civil liability.

This is a pretty interesting blog post written by an FBI special agent and an FBI crime analyst about adults who make false allegations of crimes. So many points seem to jump off the page to me in regards to SP. A little long but worth the read IMO. Sorry if it’s been posted before.


https://leb.fbi.gov/articles/featured-articles/false-allegations-of-adult-crimes


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[blakdawg]

What if she did cash only type work like OJ Simpson's cash only autographs?

In California, a criminal judgment for restitution is collectible in the same way that a civil judgment is - except that the restitution judgment will never expire. Cal. Penal Code 1214.

When a judgment debtor operates a cash business, the creditor can pay for a "keeper" to literally gather cash as the debtor receives it. Cal Code Civ. Proc. section 700.070.

 

[Lilibet]

Anytime I see a similar case where someone offers a generic looking description of someone of another race as the suspect, it reminds me of the Charles Stuart case in Boston. He murdered his pregnant wife, staged it to look like a carjacking and gave a generic description of a young black male. He even went so far as to identify a black man in a lineup before his brother admitted that Charles had killed his own wife for insurance money and because he didn't want a baby.

https://en.wikipedia.org/wiki/Charles_Stuart_(murderer)

Not only that, but Stuart shot himself in the stomach, had two surgeries and spent six weeks in the hospital, still lying about the “hijacker.” All to collect life insurance. The lengths to which some people will go....

 

[Deleted member 39678]

In California, a criminal judgment for restitution is collectible in the same way that a civil judgment is - except that the restitution judgment will never expire. Cal. Penal Code 1214.

When a judgment debtor operates a cash business, the creditor can pay for a "keeper" to literally gather cash as the debtor receives it. Cal Code Civ. Proc. section 700.070.

That may work if the person runs a business where the cash can be intercepted.

"Under the table" type income isn't as easily found. JMO.

 

[Deleted member 39678]

It looks like the offense of lying to a Federal agent is pretty severe. If Sherri is found guilty of lying to the FBI during the investigation of her disappearance she could face some serious Federal prison time.

Summary of federal offenses for making a false statement

Federal law prohibits making a false statement to the United States government. Lying to a federal agent is a criminal offense with serious penalties.

Where no specific statute can be used to prosecute a false statement, the United States Attorney will use 18 USC 1001 to prosecute the defendant. This is general, catch-all provision for false statements. It applies to a suspect who lies during questioning by the Federal Bureau of Investigation (FBI), as well as any other type of false statement.

The sentencing guidelines for the false statement offense indicate a penalty of 5 years in prison and a fine.

http://www.federalcriminallawyer.us...ederal-offenses-for-making-a-false-statement/

 

[Deleted member 39678]

So it appears that the most severe penalty that Sherri can suffer is from the federal government.

Maybe the FBI or a United States Attorney can pressure her if they have some evidence that she lied to an FBI agent. Maybe they could say something like "Your story doesn't make sense and by the way it's a federal offense to lie to the FBI."

They give her a chance to tell the truth and if she doesn't they can drop the bomb on her.

The threat of a five year prison term plus fine could be enough to crack this case.

JMO

 

[bears10]

That may work if the person runs a business where the cash can be intercepted.

"Under the table" type income isn't as easily found. JMO.

If someone is ordered to pay restitution, and they aren’t making payments because they don’t have a job (on the books), their probation officer and/or the courts can look at the persons financial situation and resources to see why they aren’t making payments and which resources they can use to make said payments. They can also look at your household expenses vs income to see if things add up. In SPs situation, she clearly has earning potential if she had a decent job at ATT recently.


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[Deleted member 39678]

If someone is ordered to pay restitution, and they aren’t making payments because they don’t have a job (on the books), their probation officer and/or the courts can look at the persons financial situation and resources to see why they aren’t making payments and which resources they can use to make said payments. They can also look at your household expenses vs income to see if things add up. In SPs situation, she clearly has earning potential if she had a decent job at ATT recently.


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Sounds good on paper.

Once again, look at OJ. He made tons of money under the table by selling autographs and the Goldman's never got a dime of it. JMO

 

[Deleted member 39678]

Is Sherri even legally responsible for costs that local,state and federal governments spent on looking for her while she was missing or investigating the alleged crimes committed against her if it's found that this is a hoax?

 

[La Louve]

Quoting Tricia in the opening post, this caught my eye....

*You can discuss, like a mature person who is expressing their opinion in front of the whole Papini family, why you believe Sherri Papini is not telling the truth. A side note if you want I would love to read your theories on why the police are so adamant she is telling the truth.
underlined by me

My theory about why LE is “so adamant” SP is telling the truth is that they have no definitive evidence that she isn’t. So, as professionals they have to say they believe her and continue investigating. But I would not be surprised if they privately and individually have doubts that they cannot express publicly. If nothing else, they learned from the Denise Hutchins case that truth is stranger than fiction, so they need to keep their thoughts private.

The only way LE can express their possible thinking is to release information. A few of the recently released bits of information don’t really help enhance the public’s belief in SP’s story or move the investigation forward IMO. So why release them? If anything, they just put pressure on SP. Mentioning Michigan man’s texts and trip to SF implies an internet affair. Smashing the kidnapper’s head into the toilet brings up memories of the white pride blog post about heroically vanquishing Latinas. The invisible cut on SP’s foot undermines her credibility. Belatedly releasing the drawings of the two women and more info about their vehicle, and excusing the delay because of SP’s extreme memory issues, raises more doubts about her credibility. Even the video proves nothing except that SP ran to the Kingdom Hall from somewhere and then ran toward the freeway. None of this information moves the case forward IMO. It just puts SP under the public microscope again.

This is is why I do not think LE is “adamant that she is telling the truth.” They aren’t any more certain than we are IMO.

I'd like to add, IMO ~this~ is why LE isn't saying she's lying (whether they privately think she is or is not):

http://beta.latimes.com/local/lanow/la-me-ln-vallejo-kidnapping-hoax-lawsuit-20160322-story.html