6 ms·

Based on the article, it appears that Ghosn wants to pay them additional money (3 million dollars at least) as compensation for their troubles over the last 2 y

by Tozen 4y ago

Based on the article, it appears that Ghosn wants to pay them additional money (3 million dollars at least) as compensation for their troubles over the last 2 years. Seems like they will be well compensated, totaling over 4 million dollars in payments, not to mention any TV appearance fees or book and movie deals.

jollyllama 4y ago
In the USA, you're supposed to be banned from profiting from any crimes you did ("Son of Sam law"). I wonder if that would apply in this case, given that they were presumably convicted outside of US jurisdiction.
- pedalpete 4y ago
  IANAL but my impression is that there are fairly easy ways around this law, and I doubt it would apply to crimes outside of US jurisdiction.
- gnicholas 4y ago
  Looks like some of these laws have been struck down (for violating the freedom of speech clause of the First Amendment). [1] It seems that some of the enforcement mechanisms of surviving/new laws revolve around notifying the families of the victims when a convict receives a large sum of money, from any source. The goal is to give the family a chance to sue in civil court. 1: https://en.wikipedia.org/wiki/Son_of_Sam_law https://en.wikipedia.org/wiki/Son_of_Sam_law
- xoa 4y ago
  >you're supposed to be banned from profiting from any crimes you did ("Son of Sam law") Not sure where you got this from? AFAIK that's a purely state level thing, and the first law that tried that in a broad way was unanimously struck down by SCOTUS as an unconstitutional violation of the 1A. And for good reason, when you step back and remember that "crime" itself can be very broad. It wasn't that long ago that homosexual acts could still be a felony in the US. There is a strong public interest in certain criminals sharing details of what they did with journalists after the fact too. New much more limited laws have passed that I think is still up, but the ones I can think of at least are specifically about compensating victims. IIRC the mechanism is to notify and then let them sue in civil court for a longer window. I don't think any of that would apply to purely government criminal action though for somebody who has already served their sentence and paid any fines. You might be confusing those laws with conditions attached to federal plea bargains in certain kinds of serious cases (national security stuff like terrorism). Since those are individualized "voluntary agreements" [0] specific to a given case they can include things the government couldn't do as blanket laws or even necessarily win as penalties in court at all, and I know there have been agreements that included turning over any and all profits from publishing deals to the US government. But those AFAIK are the exception, not the rule. And they wouldn't have any applicability here either. Also, there doesn't need to be any special law for victims who have successfully sued in civil court and won a damages award to then go after whatever assets the criminal has or gets down the road to cover it. This might as a practical matter "eliminate profits": if a family of a murder victim won $10m, defendant could only pay $1m, and then the defendant gets a $7m movie deal later, court may award all of the defendant's interest to the family to help satisfy the original judgement. But again, I don't think the Japanese government has any such cause here. ---- 0: scare quotes around voluntary agreements since there is a lot of reasonable debate about overuse/abuse of plea bargains by US prosecutors. But at least legally they're pretty wide open for now.
- pavon 4y ago
  I think this would go beyond Son of Sam laws to flat out Criminal Asset Forfeiture. It is the difference between money earned from a movie/book about your crime, and being paid to perform a crime. I would expect most countries to to have laws about the latter, and that the US would cooperate in seizing the money.
JumpCrisscross 4y ago
> it appears that Ghosn wants to pay them additional money (3 million dollars at least) It sounds like it's the other way. The Taylors want Ghost to pay them $3mm, and are signaling they're willing to air out some of Ghosn's laundry in the press if he doesn't pony up.
wodenokoto 4y ago
> it appears that Ghosn wants to pay them additional money I feel like what Ghosn is quoted saying sounds more like "I don't want to admit that I don't want to pay" rather than "I am planning to pay additional compensation" But regardless, the story goes on and hasn't become less interesting. Next chapter might even be called "revenge" where we see a father/son team abduct a wealthy business man from Lebanon to bring him to Japan if he doesn't pay up.

by Tozen 4y ago

jollyllama 4y ago

In the USA, you're supposed to be banned from profiting from any crimes you did ("Son of Sam law"). I wonder if that would apply in this case, given that they were presumably convicted outside of US jurisdiction.

pedalpete 4y ago
IANAL but my impression is that there are fairly easy ways around this law, and I doubt it would apply to crimes outside of US jurisdiction.
gnicholas 4y ago
Looks like some of these laws have been struck down (for violating the freedom of speech clause of the First Amendment). [1] It seems that some of the enforcement mechanisms of surviving/new laws revolve around notifying the families of the victims when a convict receives a large sum of money, from any source. The goal is to give the family a chance to sue in civil court. 1: https://en.wikipedia.org/wiki/Son_of_Sam_law https://en.wikipedia.org/wiki/Son_of_Sam_law
xoa 4y ago
>you're supposed to be banned from profiting from any crimes you did ("Son of Sam law") Not sure where you got this from? AFAIK that's a purely state level thing, and the first law that tried that in a broad way was unanimously struck down by SCOTUS as an unconstitutional violation of the 1A. And for good reason, when you step back and remember that "crime" itself can be very broad. It wasn't that long ago that homosexual acts could still be a felony in the US. There is a strong public interest in certain criminals sharing details of what they did with journalists after the fact too. New much more limited laws have passed that I think is still up, but the ones I can think of at least are specifically about compensating victims. IIRC the mechanism is to notify and then let them sue in civil court for a longer window. I don't think any of that would apply to purely government criminal action though for somebody who has already served their sentence and paid any fines. You might be confusing those laws with conditions attached to federal plea bargains in certain kinds of serious cases (national security stuff like terrorism). Since those are individualized "voluntary agreements" [0] specific to a given case they can include things the government couldn't do as blanket laws or even necessarily win as penalties in court at all, and I know there have been agreements that included turning over any and all profits from publishing deals to the US government. But those AFAIK are the exception, not the rule. And they wouldn't have any applicability here either. Also, there doesn't need to be any special law for victims who have successfully sued in civil court and won a damages award to then go after whatever assets the criminal has or gets down the road to cover it. This might as a practical matter "eliminate profits": if a family of a murder victim won $10m, defendant could only pay $1m, and then the defendant gets a $7m movie deal later, court may award all of the defendant's interest to the family to help satisfy the original judgement. But again, I don't think the Japanese government has any such cause here. ---- 0: scare quotes around voluntary agreements since there is a lot of reasonable debate about overuse/abuse of plea bargains by US prosecutors. But at least legally they're pretty wide open for now.
pavon 4y ago
I think this would go beyond Son of Sam laws to flat out Criminal Asset Forfeiture. It is the difference between money earned from a movie/book about your crime, and being paid to perform a crime. I would expect most countries to to have laws about the latter, and that the US would cooperate in seizing the money.

JumpCrisscross 4y ago

> it appears that Ghosn wants to pay them additional money (3 million dollars at least) It sounds like it's the other way. The Taylors want Ghost to pay them $3mm, and are signaling they're willing to air out some of Ghosn's laundry in the press if he doesn't pony up.

wodenokoto 4y ago

> it appears that Ghosn wants to pay them additional money I feel like what Ghosn is quoted saying sounds more like "I don't want to admit that I don't want to pay" rather than "I am planning to pay additional compensation" But regardless, the story goes on and hasn't become less interesting. Next chapter might even be called "revenge" where we see a father/son team abduct a wealthy business man from Lebanon to bring him to Japan if he doesn't pay up.