Bill Mastro's upcoming sentencing

[Peter_Spaeth]

Originally Posted by Exhibitman

Won it, Dan.

It depends on how the item was taken. A burglar gets nothing by way of title in the USA. An embezzler, check kiter or similar criminal fraudster gets voidable title that may be cleared by a bona fide purchaser. It depends on which version of the UCC the state uses. Quite apart from that is the issue of limitations. A lawsuit to reclaim an item after the theft of a readily identifiable item that has gone through multiple public sales over decades may be deemed to be untimely even if the original thief obtained only void (no) title.

As for the rest of the commentary re lawyers, I hope that every lawyer would analyze the issues based on getting his or her client what he or she wants, regardless of the outcome. My client may be a crook but he is entitled to the full benefit of the law same as I am.

fWIW if it was my card involved I would force them to prove it was stolen before I hand it back. Sorry but I'm not going to hand $50k or more to someone on the basis of anything written here no matter how well intentioned.

Adam if the card was stolen then it was stolen by someone who walked out of the building with it, not by some means by which the thief acquired voidable title. That seems reasonably clear. And I agree with you there possibly could be a statute of limitations issue, as I previously mentioned, but that is a separate question from whether a bona fide purchaser could acquire good title.