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Channel Fireball (allegedly) in possession of two pieces of artwork previously stolen from artist Amy Weber (i.imgur.com)
defenestr8 が 8 日 前 投稿
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[–]fadetoblack1004 16 ポイント17 ポイント18 ポイント 8 日 前* (35子コメント)
EDIT: Obviously due diligence needs to be done before CFB returns the paintings and the claimant needs to provide proof, but I mean more in general, there is no point to holding onto stolen goods hoping things will work out well for you.
There is literally zero point to holding onto stolen goods, only bad things can come of it, especially when it's easily traceable material like original artwork.
If this is true, after due diligence is done, CFB needs to sack up and give it back... even if they paid for it, they paid for stolen merchandise and they have a legal responsibility to return it to the original owner. They can pursue damages against the individual who sold it to them if they want to be made whole again, and if that person bought it off somebody else, they can turn around and file suit against them, and etc.
[–]mr_noblet 44 ポイント45 ポイント46 ポイント 8 日 前 (4子コメント)
Giving them a few days to prove her claims and contact law enforcement is perfectly reasonable.
Amy is trying to pressure them with an angry internet mob and that's really not cool. Give them a reasonable amount of time to respond properly before sicking the interwebs on them.
[–]Nahhnope 2 ポイント3 ポイント4 ポイント 8 日 前 (0子コメント)
You seem to be assuming this has all happened in the last day. How can you be sure of that? Also if they flat out said they will not be returning it, it doesn't seem they're planning on getting anything in order. What of your assumption is incorrect?
[–]fadetoblack1004 5 ポイント6 ポイント7 ポイント 8 日 前 (2子コメント)
Well, obviously due diligence needs to be done and she needs to step up and prove that she had full ownership via whatever means possible, and procuring a police report proving the theft would certainly go a long way towards her getting her paintings back.
I was speaking more in general. Stolen goods = bad news bears. I bought a bunch of coins that ended up having been stolen before, what a fuckin' headache.
[+]FiveStarCards スコアが基準値未満のコメント-9 ポイント-8 ポイント-7 ポイント 8 日 前 (1子コメント)
Looking at her facebook show that she has done all that. Benefit of the doubt should be with Amy.
[–]VorpalAuroch 6 ポイント7 ポイント8 ポイント 8 日 前 (0子コメント)
No, it looks like the opposite.
[+]Galt2112 スコアが基準値未満のコメント-24 ポイント-23 ポイント-22 ポイント 8 日 前* (28子コメント)
actually they might not have a legal obligation to return it AFAIK. If they purchased it in good faith.
Edit:
Also, it's possible for Channel Fireball to take title through adverse possession, even if it might not apply in this case it's still possible.
http://www.casebriefs.com/blog/law/property/property-law-keyed-to-dukeminier/subsequent-possession-acquisition-of-property-by-find-adverse-possession-and-gift/okeeffe-v-snyder/2/
The purchaser's claim to the painting, for which valuable consideration presumably has been paid, is determined in light of any number of factors; depending on the jurisdiction, the true owner's exercise of due diligence,4 the fulfillment of the requirements for adverse possession,5 or the owner's unsuccessful demand for return of possession may be relevant.6 The innocent purchaser may never actually achieve repose.
Emphasis added.
http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3234&context=dlj
It is possible to take good title. Which is exactly what I said initially, CFB might not automatically have to return the painting. But keep downvoting me because I'm sure you're all lawyers who specialize in this kind of thing
[–]giggity_giggity 5 ポイント6 ポイント7 ポイント 8 日 前 (4子コメント)
A seller can't pass good title to stolen goods. Even if that seller wasn't the thief.
[–]Galt2112 0 ポイント1 ポイント2 ポイント 8 日 前 (3子コメント)
They can if the purchaser is bone fide purchaser for value without notice and the statute of limitations on the replevin has run. Then the purchaser can take title through adverse possession.
[–]giggity_giggity 1 ポイント2 ポイント3 ポイント 8 日 前 (2子コメント)
Maybe I shouldn't have stated it so absolutely. But unless the victim was asleep at the wheel, it shouldn't ever happen.
[–]Galt2112 -3 ポイント-2 ポイント-1 ポイント 8 日 前 (1子コメント)
All I ever said was it's not absolute. For all I know, this artist has been sleeping on her right to recover for years, or maybe just complaining on facebook, which isn't enough, IMO, to put CFB on notice that the paintings are actually stolen, and it's obviously not a legal claim.
[–]giggity_giggity 1 ポイント2 ポイント3 ポイント 8 日 前 (0子コメント)
That's very true.
[–]RulesLawyer83 5 ポイント6 ポイント7 ポイント 8 日 前 (10子コメント)
They have a legal obligation to return it, but usually the action for replevin begins to accrue once the demand for return is made by the owner. If the purchaser refuses to return the property and the owner never brings the replevin action, then there are several legal doctrines, including adverse possession, that could allow the good faith purchaser to keep the property. This is very different than saying there is no obligation to return the property.
The bona fide purchaser doctrine you're talking about doesn't deal with stolen property. That deals with things like fraudulent conveyance, not stolen goods. See http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3234&context=dlj for an interesting article on stolen art.
[–]Galt2112 -2 ポイント-1 ポイント0 ポイント 8 日 前 (9子コメント)
All I said was they might not have an obligation to return it, which is 100% consistent with your first paragraph. I don't know the facts of this situation, so I didn't say that do or don't have the obligation, just that it's not as straightforward as "they 100% have to give stolen property back." Which is consistent with what you've said.
[–]RulesLawyer83 5 ポイント6 ポイント7 ポイント 8 日 前 (8子コメント)
No it wasn't. They absolutely have an obligation to return stolen property unless the statute of limitations has run on the replevin action. If the artist proves that the paintings were in fact stolen, then every court would order the paintings returned to the artist, i.e., there is a legal obligation to return the paintings. If the paintings were stolen, then there is no might about it - the possessor of the stolen property is 100% obligated to return it. To say they may be entitled to keep it eventually if they stall on a lawsuit long enough or if the artist sleeps on her rights is not the same as saying they might be under no legal obligation to return the stolen property.
[–]Galt2112 -3 ポイント-2 ポイント-1 ポイント 8 日 前 (7子コメント)
unless the statute of limitations has run on the replevin action.
Honest question: How is that not consistent with what I said? As long as there is an "unless" then what I said is correct. There is a scenario in which they might not have to return it. They can hold on to them and unless the true owner brings suit before the SoL expires, they get to keep them.
Okay, so I guess they're obligated to give them back if she makes the demand, but she still has to make the demand in the form of an actual suit, right?
[–]RulesLawyer83 3 ポイント4 ポイント5 ポイント 8 日 前* (6子コメント)
Which clearly isn't the case here. Just because you might eventually get title to something because the artist chooses not pursue the issue doesn't mean you're not under a legal obligation at this minute to return the property.
EDIT: That's correct, but that doesn't change the current legal obligation. Your original post said that CFB might not be under a legal obligation to return the property. That is false. The obligation may dissipate after a period of time, but that doesn't change the current obligation to return the property.
EDIT 2: No. She has been in contact with CFB and demanded return of her property. I'm sure they're going through their lawyers to figure everything out, but private demands/demand letters are made all the time without filing suit. If CFB chooses not to return the property, then suit can be filed. All a lawsuit does is force CFB to fulfill their legal duty to return the property and it gives the artist a judgment to enforce. None of that changes the fact that CFB is obligated to return the property, if it is indeed stolen, whether or not suit is filed.
[–]Galt2112 -1 ポイント0 ポイント1 ポイント 8 日 前 (5子コメント)
Can I press back on that?
If the artist hasn't made a formal legal claim, and a court hasn't ruled in her favor that the paintings are in fact stolen and CFB must return them, then is it really fair to say they have a legal obligation to return them?
If all she's done is complain on social media, or maybe just asked them to return them (I don't know any facts beyond this post here) then as far as they know they might still have good title. Maybe she's a disgruntled artist trying to get back paintings she let go for to little, or didn't care about before? If CFB purchased them in good faith, isn't it still well within their right to contest title? If that's the case then how is it inaccurate to say they don't or at least might not have a legal obligation to return them?
If you're an attorney for CFB, wouldn't the prudent course of action (assuming these paintings are valuable enough to warrant a suit in the first place) to 1. demand proof that they were stolen, and maybe provide a receipt of sale, and then 2. Advise CFB to hold on to them until the artist provides some proof of her claim, or maybe even files suit?
[–]RulesLawyer83 1 ポイント2 ポイント3 ポイント 8 日 前 (4子コメント)
I would absolutely want to see proof from the artist before returning them. And yes they can contest title, that's why I said if the paintings are in fact stolen there is a legal obligation to return them. Now, if CFB feels they aren't stolen and chooses to fight over that fact, that's a different story, but that doesn't change the fact that the law requires the return of stolen property. '
Again, my responses have been geared to your original post where you suggested that a bona fide purchaser of stolen goods might not be under an obligation to return the goods and may have clean title to them just by virtue of being an innocent purchaser. That is not true.
[–]Galt2112 -1 ポイント0 ポイント1 ポイント 8 日 前 (3子コメント)
Okay I'm obviously with you on the first paragraph.
But with the second, isn't it possible for the SOL on replevin to have run out now or to run out eventually in which case CFB gets good title if they've purchased it in good faith? If she makes this demand but doesn't file suit, can't they achieve good title eventually, depending on jurisdiction? Isn't that what O'Keefe said and what the paragraph I quoted on the Duke article implies is possible? Just trying to understand. I realize that may not have happened yet, but at the time I made the OP I had no idea how old these paintings were or the history of this dispute. If CFB had them for X years, met the other requirements for adverse possession and she slept on her rights, would they not have good title?
I assume the O'Keefe holding is at least somewhat applicable outside of New Jersey and that's why it's taught, not just as an anomaly.
[–]fadetoblack1004 12 ポイント13 ポイント14 ポイント 8 日 前 (5子コメント)
No, that just means that they wouldn't face charges for receiving stolen goods. It's still stolen goods and they're obligated to return it.
[–]Galt2112 -1 ポイント0 ポイント1 ポイント 8 日 前* (2子コメント)
I was thinking of O'Keefe v. Snyder which seemed to imply that new title could vest in a bone fide purchaser of stolen art after a period of time through adverse possession. I think there are other cases that deal with bone fide purchasers of bad title to real estate but maybe that's under AP as well.
[–][削除されました] 8 日 前 (1子コメント)
[deleted]
[–]Galt2112 -2 ポイント-1 ポイント0 ポイント 8 日 前 (0子コメント)
She did report it and that's why she got it back, or at least got right to it back. The statute of limitations didn't begin to toll until she had knowledge of the cause of action.
[–]WardenV -5 ポイント-4 ポイント-3 ポイント 8 日 前 (0子コメント)
Again, are you a lawyer?
[–]Magic29 0 ポイント1 ポイント2 ポイント 8 日 前 (1子コメント)
Totally Wrong
[–]Galt2112 -4 ポイント-3 ポイント-2 ポイント 8 日 前 (0子コメント)
No, it's not. It's possible for title to vest in Channel Fireball under certain circumstances. They might not apply here but it is possible.
[–]Galt2112 2 ポイント3 ポイント4 ポイント 8 日 前 (0子コメント)
Citation provided.
[–]FiveStarCards -3 ポイント-2 ポイント-1 ポイント 8 日 前 (1子コメント)
Watch out, Wiki lawyer in the house.
[–]Galt2112 1 ポイント2 ポイント3 ポイント 8 日 前 (0子コメント)
Well I can't very well link to Westlaw. I mean what else am I supposed to provide?
π Rendered by PID 20796 on app-179 at 2015-05-14 15:46:50.520984+00:00 running 64dec50 country code: JP.
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