Posted on 08/29/2018 11:25:14 AM PDT by Simon Green
Edited on 08/29/2018 11:37:45 AM PDT by Jim Robinson. [history]
Now it's a year later, and he's dead broke, having spent it on parties and drugs. He's begging my friend for money. His reaction?
When one sets up a gofundme page they’re supposed to designate the beneficiary as the ONLY person who can withdraw the funds. Of course the beneficiary needs to have a bank account in which the cash be deposited, so... I did this for an indigent friend of mine. He cashed out at $2700.
If the guy paid his last $20 for gas for the woman, maybe he wasn’t such a big addict as the perps claim.
The couple should have removed themselves from the cash chain as soon as possible by going to Court and having a legal guardian (usually an attorney) appointed by the court and placed in charge of the funds. The court-appointed guardian would have assumed the responsibility to provide for the subject. And a court guardian would have access to many programs to help the subject. Once a person signs on as guardian, official or ‘unofficial’, they can’t just drop the ball without finding another guardian and keep the money as some sort of consolation prize. People are not dogs nobody bothered to house-break, to be passed around or left on the side of the road when they piddle in the house.
Claiming an addict will always be an addict is a copout excuse for their misappropriating money. As it stands, the couple might be in trouble for extortion, mail fraud, wire fraud and/or racketeering (maybe even abuse of a disabled person) especially since they spent a good portion of that money on themselves. The vehicles and vacations, the camper set on private land and not in the subject’s name (and since sold by them for their own profit), are also evidence of misdoing.
These people are claiming victim, but they are thieves, plain and simple, who danced with the law and got caught.
I think you are right as to who has he bigger and more winnable claim against the couple who took and spent the GoFudMe money - the homeless man or the donors, and it’s likely the donors. Maybe they should get together and make a class action suit on their own behalf, with the proceeds (if they win) going to the homeless man.
Something else to think about is that the IRS is probably all over these cases, too. Someone who gets $400,000 — or even just $10,0000 — in “donations” from total strangers would seem to have a tax liability here.
Yes, maybe. With some legal help the funds and their use can be structured so that no so much of the funds go directly to the homeless person and most go to charitable trusts that directly pay for supportive things for them. A charitble trust can even buy a home, own it, and charge a nominal rental fee to a formerly homeless person, without the homeless person being taxed on the difference between that nominal fee and market rents.
I've reached the point where there's no charity I give to anymore. And that includes the "Alumni Scholarship Fund" at my college (Hint: one really should check how trustees spend money). I'd rather go "downtown" with some singles, and give someone money for a hot dog or Subway sandwich or an all-day bus pass, if they seem sincere when they ask. If they waste that small amount of money? It's on them and it's an opportunity to make a good choice.
My dad did the same thing but in a different way. INCLUDING the church donations. He would ask the church what they needed and then bought the items they needed, whether it was beds for a children's shelter, books or part of the utility bills... he always said, "I just want to make sure the money I give is used for the things I'm told they will be used for.... I just don't trust men with money."
No one said they did. If one has no ID they cannot buy a beer in TN. They can buy drugs. My point is very few real Vet’s beg. Yes, some did in the 80’s here.
No money left?
Best idea, Plead the 5th!
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