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#61
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BTW, to answer your question in the OP...
You'd have to sue NETeller. They are the ones holding your money, not the Feds. If your money is still on account at NETeller, it's their fault you don't have it. If your money was in transit back to your bank account and you don't know where it is, then it's probably part of the $55 million seized as evidence, in which case you probably can't sue to get it back until the case is resolved. |
#62
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[ QUOTE ]
If the DOJ/USAO can prove NETeller is a money laundering operation, it's going to be somewhere between tough to impossible for US customers to get their money back. Do you think the DOJ would let you have your money back from the mob if it was entangled in a money laundering scheme, even if you legitimately earned your money? Maybe... But think about the hassle and nightmare that would be. [/ QUOTE ] In order for the US Attorney to keep the money, the money would go through either a civil or a criminal forfeiture proceeding. After the money is declared forfeit, there is a process whereby innocent third parties make claims for the money. The process is a pain, but money can be recovered. I was involved in a few cases as a young pup associate attorney where we successfully recovered millions of dollars for clients in innocent third party proceedings. |
#63
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all the us customer money is seized because the way they have seized the money is by putting a hold on all the neteller's trust accounts in the banks in europe that they thought belong to us players.
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#64
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Thank you crashjr.
soxfan, I don't think denying future transactions (putting a "hold" on them, as you put it) is quite the same thing as "seized." Either way, it doesn't change the fact that we can't get our money, and it will take some sort of legal wrangling to get it back. |
#65
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he has to pay tax to USA on this money this year anyway, correct?
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#66
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he has to pay tax to USA on this money this year anyway, correct? [/ QUOTE ] no. the money was won in January, so he'd have to pay the taxes in '08. |
#67
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[ QUOTE ] he has to pay tax to USA on this money this year anyway, correct? [/ QUOTE ] no. the money was won in January, so he'd have to pay the taxes in '08. [/ QUOTE ] I might be wrong, but I think that money won in january 07 is claimed on the 08 return but estimated taxes need to be paid on the amount won by the first quarter payment date april 15th or whatever but please consult a professional. |
#68
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if he has paid estimated taxes before, yes. if not, he's safe for the year. also, estimated taxes are based on your '06 income, and the max you will owe if you don't pay them in any given quarter is ~8% interest on 1/4 of your '06 income.
in other words, this isn't going to be a big deal unless neteller is still tying up the money in '08, in which case, he needs to talk to a good professional (& my hunch is he has a good case for not having constructive receipt of the money.) |
#69
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...my hunch is he has a good case for not having constructive receipt of the money.) [/ QUOTE ] Amen to that. |
#70
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[ QUOTE ]
if he has paid estimated taxes before, yes. if not, he's safe for the year. also, estimated taxes are based on your '06 income, and the max you will owe if you don't pay them in any given quarter is ~8% interest on 1/4 of your '06 income. in other words, this isn't going to be a big deal unless neteller is still tying up the money in '08, in which case, he needs to talk to a good professional (& my hunch is he has a good case for not having constructive receipt of the money.) [/ QUOTE ] awesome reply, thanks. |
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