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  #1  
Old 07-22-2024, 04:33 PM
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nolemmings nolemmings is offline
Todd Schultz
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Quote:
Originally Posted by Peter_Spaeth View Post
This happened on what, July 5? While of course it's possible the authorities have no leads, neither does the fact that they haven't announced a resolution in two weeks and change mean they don't have active leads. The expectations of instant gratification expressed here were not realistic for a criminal investigation. Not like a guy who hot wires a car and they catch him the next day. This isn't a matter of with each passing day it's more likely they're home free, and anyhow the authorities obviously aren't going to update the public every time they have information and if they're talking to Ashish they've probably told him to keep quiet as they did JP.
Plus and as I am sure you and others here know, law enforcement may already have suspects well in range and are building/strengthening their case, including whether others were involved in coordination or post-theft activity. Given double jeopardy and speedy trial concerns, along with there being no threat of danger to the general public, it seems unlikely they are going to arrest or charge quickly just for its own sake. I suppose the possibility of suspects fleeing the country could change the calculus, but I am willing to give law enforcement the benefit of the doubt on how this is being handled.
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Old 07-22-2024, 04:51 PM
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If we don't hear that the authorities caught them, when do we realize those thieves got away with it ? 3 more weeks ? 6 months ? 1 year ? 5 Years ? 10 years ?
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Old 07-22-2024, 06:20 PM
raulus raulus is offline
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Originally Posted by Jewish-collector View Post
If we don't hear that the authorities caught them, when do we realize those thieves got away with it ? 3 more weeks ? 6 months ? 1 year ? 5 Years ? 10 years ?
Unless there’s an exception that I’m missing, it looks like the statute of limitations for theft runs out at 5 years in the great state of TX.

I suppose we can debate at what point the trail goes cold and law enforcement puts it into the unsolved case file, to wait for something to happen on its own, like one of the perps turning on the rest of the gang. I would randomly guess that could theoretically happen within a few months if there’s zero traction and no leads.
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Last edited by raulus; 07-22-2024 at 06:21 PM.
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Old 07-22-2024, 08:17 PM
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Default My thoughts

I haven't chimed in yet, and I rarely do, but what if they have ID'd the guy(s) and are waiting for them to try to sell, to double down on them with mail fraud or something. I don't know...I don't watch Law and Order, just the Cubs games on MLB Network. I've seen some pretty grainy videos on Yahoo News that have led to arrests, worse than these. Yes, Yahoo News. I hate all the news networks anymore, so I just take what pops up with my email, and get suckered in on the click bait. But the guys who push people into the train tracks on the subway ion NYC are way grainier than these guys. Just my random musings as I sip a Michjter's Rye and watch the frustrating Cubbies.

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Old 07-22-2024, 11:50 PM
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If FBI is involved, and I know for a fact that they are, the federal theft statutes as well as conspiracy are implicated.

Additionally, for the FBI to be involved, there must be evidence that the stolen cards or thieves crossed state lines to commit the crime or a telephone was used.

For conspiracy, which is clearly implicated here because more than one person participated in the theft, the SOL begins to run after commission of the last overt act in furtherance of the conspiracy. Because conspiracies are continuing in nature, it may be decades before the SOL runs out.
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Old 07-23-2024, 01:47 PM
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Originally Posted by gregndodgers View Post
If FBI is involved, and I know for a fact that they are, the federal theft statutes as well as conspiracy are implicated.

Additionally, for the FBI to be involved, there must be evidence that the stolen cards or thieves crossed state lines to commit the crime or a telephone was used.

For conspiracy, which is clearly implicated here because more than one person participated in the theft, the SOL begins to run after commission of the last overt act in furtherance of the conspiracy. Because conspiracies are continuing in nature, it may be decades before the SOL runs out.
What does the SOL accomplish for the thieves? Can someone steal something, sit quietly on it until the Statue of Limitations runs out, then sell the stolen goods with impunity?
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Old 07-23-2024, 02:10 PM
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What does the SOL accomplish for the thieves? Can someone steal something, sit quietly on it until the Statue of Limitations runs out, then sell the stolen goods with impunity?
Depends.

Criminal and civil are two different things.

Most states have exceptions to civil limitations periods that extend the time to recover stolen items. Usually, these give the victim time after an article is discovered or should have been discovered if the victim was paying attention. Some items, like looted art from WWII, have been subjected to new limitations periods based on special legislation. While a thief cannot acquire good title, the victim may lose the ability to retrieve the item if enough time has passed, which amounts to the same thing as good title. I am certain that most of us have items in our collections that were stolen at one time or another, even if it was a kid lifting a card from his brother's collection while the brother was in the army.

Every state has a different set of rules and precedents covering this issue, so no blanket rule can be stated. I know Cali law but jacksquat about Texas law, so any Texans out there to further elaborate?
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Last edited by Exhibitman; 07-23-2024 at 02:17 PM.
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  #8  
Old 07-23-2024, 02:16 PM
raulus raulus is offline
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Originally Posted by Mark17 View Post
What does the SOL accomplish for the thieves? Can someone steal something, sit quietly on it until the Statue of Limitations runs out, then sell the stolen goods with impunity?
I'm wading into the danger zone as an accountant attempting to speak to legal issues, but I think the idea is that the SOL eliminates the possibility of being charged with the crime, and the potential of jail time. Obviously it's a long ways from being home free and the ability to just act with impunity, but at least that one source of potential jeopardy is lifted once the SOL has run.
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