Re: OT - NFC - State Gov Confiscates Bank Accts ? | <– Date –> <– Thread –> |
From: LarryT (l02turner![]() |
|
Date: Thu, 26 Jul 2007 08:44:44 -0700 (PDT) |
You asked:<<would you prefer as the outcome -- once it's clear
Hi Larry -
Not no, but H$LL no! ;-) but I do believe the state or whoever, should have to make a reasonable effort to find the people who are about to lose their assets. You're right about the length of time - it could be debated all day. But the search for owners part seems straight forward. For instance, in Va., a list of people/entities who have assets that are being considered for
"Abandoned" status have the information published in the newpaper twice a year I believe and on the internet. And there may be additional steps taken that I;m not aware of. After all, I *know* where all my money is - since it's such a small amount it;s easy to keep track of. ;-) But my M-I-L opened savings accounts for each o f our kids when they were very little - she opened them with $5 IIRC and they stayed that way for a while. I believe after 7 years they were closed. And I think the bank kept the money since it was such a small amount.
Not sure about the details but I believe the state could make a reasonable effort to locate the owners. Don't know if all the details are correct in the article, but it seems if the Fongs who owned the Berkshire Hathaway stock had been paying for the safe deposit box that would qualify as activity. But who knows.
----- Original Message ----- From: "Larry B" <larrybard [at] hotmail.com>
To: "Larry Turner" <l02turner [at] comcast.net>
Cc: "The FerrariList" <ferrari [at] ferrarilist.com>
Sent: Thursday, July 26, 2007 9:30 AM
Subject: Re: [Ferrari] OT - NFC - State Gov Confiscates Bank Accts ?
assets are abandoned? That a bank keep them?>>
Hi Larry -
Not no, but H$LL no! ;-) but I do believe the state or whoever, should have to make a reasonable effort to find the people who are about to lose their assets. You're right about the length of time - it could be debated all day. But the search for owners part seems straight forward. For instance, in Va., a list of people/entities who have assets that are being considered for
"Abandoned" status have the information published in the newpaper twice a year I believe and on the internet. And there may be additional steps taken that I;m not aware of. After all, I *know* where all my money is - since it's such a small amount it;s easy to keep track of. ;-) But my M-I-L opened savings accounts for each o f our kids when they were very little - she opened them with $5 IIRC and they stayed that way for a while. I believe after 7 years they were closed. And I think the bank kept the money since it was such a small amount.
Not sure about the details but I believe the state could make a reasonable effort to locate the owners. Don't know if all the details are correct in the article, but it seems if the Fongs who owned the Berkshire Hathaway stock had been paying for the safe deposit box that would qualify as activity. But who knows.
Thx for the comments -
Larry T (67 MGB, 74 911, 78 240D, 91 300D) www.youroil.net for Oil Analysis and Weber Parts Test Results http://members.rennlist.com/oil PORSCHE POSTERS! youroil.net Weber Carb Info http://members.rennlist.com/webercarbs .
----- Original Message ----- From: "Larry B" <larrybard [at] hotmail.com>
To: "Larry Turner" <l02turner [at] comcast.net>
Cc: "The FerrariList" <ferrari [at] ferrarilist.com>
Sent: Thursday, July 26, 2007 9:30 AM
Subject: Re: [Ferrari] OT - NFC - State Gov Confiscates Bank Accts ?
I believe all -- or at least most -- states have similar escheat laws.
Forgetting for a moment about the sinister view expressed in the article, I
think the concept is that once assets may reasonably be regarded as
abandoned (and we can debate all day how many years that should take with
complete inactivity or other indicia of continued exercise of ownership,
etc., and what sort of search should be conducted for the owner), the
financial institution should not be able to continue to have custody of, and
even use (in the case of cash deposits) those assets, but they should revert
to the state. What would you prefer as the outcome -- once it's clear
assets are abandoned? That a bank keep them?
From: "LarryT" <l02turner [at] comcast.net> To: larry <larrybard [at] hotmail.com> CC: The FerrariList <ferrari [at] ferrarilist.com> Subject: [Ferrari] OT - NFC - State Gov Confiscates Bank Accts ? Date: Thu, 26 Jul 2007 09:06:52 -0400
Hi ya'll, Sorry about the off topic stuff - but I respect this lists depth of knowledge greatly and was hoping someone could exolain if this is true. I checked Snopes without luck.
Seems too bizarre even for Ca standards.
Anyway, here's the story that appeared on a list I lurk on -
<<<<<In 1958, the California controller was empowered by the state
legislature to implement a process called "Escheatment". In effect, this
permitted the controller to steal bank accounts, safe deposit boxes,
stocks,
etc that were deemed "inactive" for a period of seven years or longer.
Yes, you read that correctly. Under the original implementation of the law,
a account can be deemed "inactive" by the state of California if there has
been no activity for a period of seven years. In the state's budget crisis'
of 1991 and 2003, the period of time was ultimately reduced to three years.
Once a account has been deemed inactive, the state can assume (STEAL)
possession of the account and the funds are deposited into the general
fund.
If the state assumes non-monetary possessions, they simply auction off the
goods and then deposit the proceeds into the general fund.
According to Tom McClintock, Escheatment is actually a feudal concept that
arose from the despotism of the dark ages. It stemmed from the principle
that the feudal lord owned all within his realm, and when a person died or
disappeared without heirs, his lands were property of the lord.
Although you won't find the words "theft", "steal", or "stolen" in the
vocabulary of the state legislature in regards to Escheatment, make no
mistake about it; Escheatment is nothing more than legalized theft by the
Sacramento Mob. This author finds it rather ironic that the letters CHEAT
exist within the word Escheatment.
So who might be a target of "Escheatment" you ask? Here are a few examples:
Let's say you have a safe deposit box with some family heirlooms in it. You
have no reason to check on them from time to time, you assume they are safe
with the bank. After four or five years, you decide to move your safe
deposit box to another bank only to find out the state of California STOLE
the contents of your safe deposit box a year before and, are you ready for
this? SOLD THEM ON EBAY! Again, you read that correctly. The controllers
office has a EBAY account in which they sell the items they've stolen.
Worse
yet, irreplaceable items such as family photographs have been SHREDDED!
Let's say you setup a savings account for your newborn baby with the
intention your child will use this money for college someday. If there is
no
activity on this account (deposits, withdrawals) for a period of three
years
or more, the state can legally steal it.
All of this, without a notice, letter, phone call, nothing. Victims almost
always find out months or years after the state has stolen their accounts.
Benny and Sally Fong invested in Berkshire-Hathaway, a company in which
Warren Buffet is the largest shareholder. Benny and Sally's investment
increased to over 1 million dollars in value. When they ultimately decided
to redeem their shares, they were horrified to discover the state had
stolen
this account several years earlier and sold the shares for a mere $105,000.
Unfortunately for Benny and Sally, there was no account activity other than
the increase in value of the shares. The state deemed the account inactive,
swooped in and stole the Fong's investment.
Fortunately, a federal judge has recently declared this practice
unconstitutional because the state makes no effort to locate and contact
citizens BEFORE stealing their accounts. However, the socialists in
Sacramento are already looking for loopholes in the law so they can resume
their pillaging of the people of California.
SB 270 attempts to strip some of the power of this mob-like practice by
returning the waiting period to seven years and requiring the state to make
efforts to locate citizens BEFORE stealing their property. Although a
complete revocation of Escheatment would be in the best interest of the
people, SB 270 will strip away some of the state's power to steal the
peoples' possessions. If you live in California, it is time to contact your
Senator and voice your disapproval of "Escheatment".>>>>
Thanks!
Larry T (67 MGB, 74 911, 78 240D, 91 300D) www.youroil.net for Oil Analysis and Weber Parts Test Results http://members.rennlist.com/oil PORSCHE POSTERS! youroil.net Weber Carb Info http://members.rennlist.com/webercarbs .
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OT - NFC - State Gov Confiscates Bank Accts ? LarryT, July 26 2007
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Re: OT - NFC - State Gov Confiscates Bank Accts ? Larry B, July 26 2007
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Re: OT - NFC - State Gov Confiscates Bank Accts ? jimshadow, July 26 2007
- Re: OT - NFC - State Gov Confiscates Bank Accts ? LarryT, July 26 2007
- Re: OT - NFC - State Gov Confiscates Bank Accts ? LarryT, July 26 2007
- Re: OT - NFC - State Gov Confiscates Bank Accts ? philville dejazzd.com, July 26 2007
- Re: OT - NFC - State Gov Confiscates Bank Accts ? Larry B, July 26 2007
- Re: OT - NFC - State Gov Confiscates Bank Accts ? Ferrarisimo [at] hotmail.com, July 26 2007
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Re: OT - NFC - State Gov Confiscates Bank Accts ? jimshadow, July 26 2007
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Re: OT - NFC - State Gov Confiscates Bank Accts ? Larry B, July 26 2007
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