Law on faking one´s death

I have tried to find a thread about this but I can´t find one.
If there´s anyone, just delete or mergue this, please.

We´ve made and discussed this question lots of times but I don´t think we have come to a conclusive answer.

As much as I search, I find no comfirmation of being illegal to fake one´s death perse.

All the answers I find says that it only would be illegal, other illegalities that it may involve, things such as commiting fraude to get benefits, killing someone to get a body, doing it to avoid payments or jail, civil responsabilities if someone is damaged, hurt, it could bring lawsuits to pay expenses...

Is it illegal to fake your own death? What might the consequences be if you got caught?

http://www.thelaw.com/forums/showthread.php?t=265

We know it´s legal if you had 2 murder attempts... (which FBI files to be MJ´s case)
http://wiki.answers.com/Q/Is_it_legal_to_fake_your_own_death

We know it would no way be illegal within a guitness program, or government program.

We know it could be illegal to sign a fake death certificate... <!-- s;) -->;)<!-- s;) -->

http://www.quizlaw.com/blog/things_not_to_do_when_faking_y.php

All this could explain, as we know, a big part of the hoax.

It would be wonderful to find a definitive proof of this, or come to a conclusion based on this kind of sources at least.
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Comments

  • Olivia Newton-John's bf faked his death a few yrs ago....some of you may recall.

    He was found last yr somewhere in Mexico and gave a statement to the public through a friend or Private Investigator I think. Yes he is alive but Ive not heard that he is going to jail for what he did. They didnt really get into the legalities of his reasons for doing it, but I think he's pretty much off the hook. He had some money issues I believe and child support payments he was behind on...so I dont know how they resolved all of that. But I have not heard of him being arrested and going to jail for what he did.
  • TruthBeToldTruthBeTold Posts: 178
    Yes ONJ ex husband is going to jail simply because he cashed his life insurance policy.

    Michaels is yet to be touched or cashed. Getting back the you paid for the life insurance policy does not count as fraud, its counts a refund for the money you paid into your own policy.

    so no law is broken if you fake your death and dont cash your policy.
    Also, any money made through record sales is not fraud either as it is the publics choice to go out and buy the cds and dvds.
  • KirscheKirsche Posts: 2,082
    Yes ONJ ex husband is going to jail simply because he cashed his life insurance policy.

    Michaels is yet to be touched or cashed. Getting back the you paid for the life insurance policy does not count as fraud, its counts a refund for the money you paid into your own policy.

    so no law is broken if you fake your death and dont cash your policy.
    Also, any money made through record sales is not fraud either as it is the publics choice to go out and buy the cds and dvds.



    I think or I've read somewhere that it IS legal, if it's not a insurance fraud etc.....As far as I know there is no insurance which was paid out in MJs Case or am I wrong?
  • loyalfanloyalfan Posts: 1,641
    this is interesting........and knowing micheal as we do....he would have covered all the bases wouldnt he........he is not a sloppy worker,so i feel he would have had proper advise on this..............btw a friend i had coffee with today.......who does not believe........said to me "if he faked his death dont you think that is a vile thing to do to people"...............and although i believe he is alive it is a valid question........what do you guys think i should have said...?????
  • In Spain there´s a huge case about an ex secret agent, ex diplomat, involved in a huge fraud, corruption, kidnapping and very weird things that involved the 90´s government. That men faked his own death when he was under interpol search and capture order. A few years ago he was found living in France but all had prescribed. He´s free, he has never been in jail. An not because the faked death prescribed, because, as many criminal offences, it would start counting when the crime is discovered, not commited...

    This is a source when the doubt about the death begun.

    And here a source about his situation nowadays

    But this case is really complicated as I say. Another public man was in jail, he says he doesn´t have the money, and acusses the agent to have it, to have help from government... but Paesa, the main character of this story, as the last article says "has left the case without losing a single feather"...
  • this is interesting........and knowing micheal as we do....he would have covered all the bases wouldnt he........he is not a sloppy worker,so i feel he would have had proper advise on this..............btw a friend i had coffee with today.......who does not believe........said to me "if he faked his death dont you think that is a vile thing to do to people"...............and although i believe he is alive it is a valid question........what do you guys think i should have said...?????

    I gess that only time and/or Michael can answer that question.
    I hope he have a good reason... otherwise he would be in trouble if he BAMS.
  • Yes ONJ ex husband is going to jail simply because he cashed his life insurance policy.

    Michaels is yet to be touched or cashed. Getting back the you paid for the life insurance policy does not count as fraud, its counts a refund for the money you paid into your own policy.

    so no law is broken if you fake your death and dont cash your policy.
    Also, any money made through record sales is not fraud either as it is the publics choice to go out and buy the cds and dvds.

    As I understand all this, he would have to face civil lawsuits from "affected" people asking for economic compensation, that for sure... We´re talking about Michael who always have claims... but not criminal offense.
  • Yes ONJ ex husband is going to jail simply because he cashed his life insurance policy.

    Michaels is yet to be touched or cashed. Getting back the you paid for the life insurance policy does not count as fraud, its counts a refund for the money you paid into your own policy.

    so no law is broken if you fake your death and dont cash your policy.
    Also, any money made through record sales is not fraud either as it is the publics choice to go out and buy the cds and dvds.


    Oh...I hadnt heard about it. I didnt know he cashed in his LI policy!!! What a douchebag!! Youd think he would have researched this before hand!!

    And I dont think MJ will go to jail either. He hasnt done anything illegal at all as far as I know. He knows ALOOOTT of people and Im sure he has his bases covered to avoid going to jail...
  • this is interesting........and knowing micheal as we do....he would have covered all the bases wouldnt he........he is not a sloppy worker,so i feel he would have had proper advise on this..............btw a friend i had coffee with today.......who does not believe........said to me "if he faked his death dont you think that is a vile thing to do to people"...............and although i believe he is alive it is a valid question........what do you guys think i should have said...?????

    Well for a non believer it may be vile. For believers it isn't. We all know he had rough times and needed to fix his issue. Yes it was a big shock when his death was posted, but once you realize what this man has gone through, you forgive and wish he is doing better. The non believers, obviously will not be able to comprehend why he has faked his death. You just should have told your friend, that he hasn't done anything wrong, did not cash his insurance so he is fine. Talking about insurance, If he did really die, why not cash the insurance?? It would have benifited the children, so that is another proof that he did not die, since he did not cash his life insurance.
  • found this to be... interesting:
    California Health & Safety Code:

    102245. On and after January 1, 1978, whenever the State Registrar
    receives a death certificate from a local registrar, the State
    Registrar shall determine whether the state records contain the birth
    certificate of the deceased or a reproduction thereof as authorized
    under this chapter. If the State Registrar has such a record of
    birth, it shall be revised to indicate the date of the death of the
    registrant, or, alternatively, a notation to that effect shall be
    entered in the State Registrar's index of births adjacent to the name
    of the deceased. The State Registrar, pursuant to an ongoing
    program, shall distribute, without charge, on a monthly basis to each
    county, a list of deceased registrants to enable local registrars
    and recorders to update their files. Upon receipt of such a list the
    local registrar or county recorder shall revise the local records or
    indexes accordingly.
    102235. Notwithstanding any other provisions of law relating to
    retention of public records, the State Registrar may cause the
    original records of birth, death and marriage filed under this part
    to be destroyed if all of the following requirements have been met:
    (a) One year has elapsed since the date of registration of the
    records.
    (b) The birth, death, or marriage records have been reproduced
    onto microfilm or optical disk or by any other technique that does
    not permit additions, deletions, or changes to the original document
    in compliance with Section 12168.7 for recording of permanent records
    or nonpermanent records.
    (c) Adequate provisions are made that the permanent storage medium
    reflects additions or corrections to the records.
    (d) A permanent copy is maintained in a manner that permits it to
    be used for all purposes served by the original record.
    (e) A permanent copy has been stored at a separate physical
    location in a place and manner that will reasonably assure its
    preservation indefinitely against loss or destruction.

    <!-- m -->http://www.leginfo.ca.gov/cgi-bin/waisg ... n=retrieve<!-- m -->
  • 103526.5. (a) Each certified copy of a birth, death, or marriage
    record issued pursuant to Section 103525 shall include the date
    issued, the name of the issuing officer, the signature of the issuing
    officer, whether that is the State Registrar, local registrar,
    county recorder, or county clerk, or an authorized facsimile thereof,
    and the seal of the issuing office.
    (b) All certified copies of birth, death, and marriage records
    issued pursuant to Section 103525 shall be printed on chemically
    sensitized security paper that measures 8 1/2 inches by 11 inches and
    that has the following features:
    (A) Intaglio print.
    (B) Latent image.
    (C) Fluorescent, consecutive numbering with matching barcode.
    (D) Microprint line.
    (E) Prismatic printing.
    (F) Watermark.
    (G) Void pantograph.
    (H) Fluorescent security threads.
    (I) Fluorescent fibers.
    (J) Any other security features deemed necessary by the State
    Registrar.
    (c) The State Registrar, local registrars, county recorders, and
    county clerks shall take precautions to ensure that uniform and
    consistent standards are used statewide to safeguard the security
    paper described in subdivision (b), including, but not limited to,
    the following measures:
    (1) Security paper shall be maintained under secure conditions so
    as not to be accessible to the public.
    (2) A log shall be kept of all visitors allowed in the area where
    security paper is stored.
    (3) All spoilage shall be accounted for and subsequently destroyed
    by shredding on the premises.

    CAN ANY OF THIS BE VERIFIED ? i GUESS NOT B/C THE COPIES ON THE INTERNET ARE JUST THAT... COPIES??? WE'D NEED TO SEE THE ORIGINAL DC???

    103527. (a) The State Registrar shall appoint a Vital Records
    Protection Advisory Committee to study and make recommendations to
    protect individual privacy, inhibit identity theft, and prevent fraud
    involving birth, death, and marriage certificates while providing
    needed access to birth, death, and marriage record information to
    those seeking it for legitimate purposes. The committee shall have
    the following duties:
    (1) Review and make recommendations as to the adequacy of
    procedures to safeguard individual privacy and prevent fraud, while
    ensuring appropriate access to birth, death, and marriage records.
    (2) Make recommendations to the State Registrar as to items that
    should be redacted from informational certified copies of birth,
    death, and nonconfidential marriage certificates issued pursuant to
    Section 103526.
    (3) Make recommendations to the State Registrar regarding fraud
    prevention measures concerning vital records.
    (b) The committee shall include representatives from private and
    governmental entities that use vital records as identity or legal
    documents, consumers, law enforcement officials, genealogists, and
    organizations that research vital records for legal or social
    purposes. The State Registrar shall make every effort to ensure that
    committee membership also represents the community at large.
    (c) (1) Except as provided in paragraph (2), membership on the
    committee shall be for a term of three years.
    (2) Appointments shall be made on a staggered basis to allow for a
    change of one-third of the membership on an annual basis. One-third
    of the initial committee membership shall be appointed to one-year
    terms, and one-third of the initial committee membership shall be
    appointed to two-year terms.

    SEEMS LIKE WE NEED TO GET IN TOUCH WITH THIS COMMITTEE!!!!
  • this is interesting........and knowing micheal as we do....he would have covered all the bases wouldnt he........he is not a sloppy worker,so i feel he would have had proper advise on this..............btw a friend i had coffee with today.......who does not believe........said to me "if he faked his death dont you think that is a vile thing to do to people"...............and although i believe he is alive it is a valid question........what do you guys think i should have said...?????

    Well for a non believer it may be vile. For believers it isn't. We all know he had rough times and needed to fix his issue. Yes it was a big shock when his death was posted, but once you realize what this man has gone through, you forgive and wish he is doing better. The non believers, obviously will not be able to comprehend why he has faked his death. You just should have told your friend, that he hasn't done anything wrong, did not cash his insurance so he is fine. Talking about insurance, If he did really die, why not cash the insurance?? It would have benifited the children, so that is another proof that he did not die, since he did not cash his life insurance.


    It was cashed in. But the money was just what he had put in. Like closing your bank account.
  • found this to be... interesting:
    California Health & Safety Code:

    102245. On and after January 1, 1978, whenever the State Registrar
    receives a death certificate from a local registrar, the State
    Registrar shall determine whether the state records contain the birth
    certificate of the deceased or a reproduction thereof as authorized
    under this chapter. If the State Registrar has such a record of
    birth, it shall be revised to indicate the date of the death of the
    registrant, or, alternatively, a notation to that effect shall be
    entered in the State Registrar's index of births adjacent to the name
    of the deceased. The State Registrar, pursuant to an ongoing
    program, shall distribute, without charge, on a monthly basis to each
    county, a list of deceased registrants to enable local registrars
    and recorders to update their files. Upon receipt of such a list the
    local registrar or county recorder shall revise the local records or
    indexes accordingly.
    102235. Notwithstanding any other provisions of law relating to
    retention of public records, the State Registrar may cause the
    original records of birth, death and marriage filed under this part
    to be destroyed if all of the following requirements have been met:
    (a) One year has elapsed since the date of registration of the
    records.
    (b) The birth, death, or marriage records have been reproduced
    onto microfilm or optical disk or by any other technique that does
    not permit additions, deletions, or changes to the original document
    in compliance with Section 12168.7 for recording of permanent records
    or nonpermanent records.
    (c) Adequate provisions are made that the permanent storage medium
    reflects additions or corrections to the records.
    (d) A permanent copy is maintained in a manner that permits it to
    be used for all purposes served by the original record.
    (e) A permanent copy has been stored at a separate physical
    location in a place and manner that will reasonably assure its
    preservation indefinitely against loss or destruction.

    <!-- m -->http://www.leginfo.ca.gov/cgi-bin/waisg ... n=retrieve<!-- m -->


    I just looked on <!-- m -->http://www.cdph.ca.gov/certlic/birthdea ... cords.aspx<!-- m -->

    ...and it seems as though you have to ask permission by mail??? AM I correct on this or am I looking at it wrong?
  • GraceGrace Posts: 2,864
    Yes ONJ ex husband is going to jail simply because he cashed his life insurance policy.

    Michaels is yet to be touched or cashed.

    TMZ said the life insurance was quietly cashed in by Branca.
    http://www.tmz.com/2009/08/08/jackson-honchos-score-3-mil/

    [Jackson Honchos Score $3 Mil
    Posted Aug 8th 2009 1:30AM by TMZ Staff

    The special administrators of Michael Jackson's estate scored a big one -- reeling in $3 million from the company that issued a life insurance policy to M.J.

    John Branca (above) and John McClain quietly cashed in the policy -- reports it was worth upwards of $20 million are simply not true. It was a $3 million payout. And here's why it was a swift move -- the coroner hasn't even released the autopsy report yet.

    Some life insurance companies are hinky about paying out proceeds until the cause of death is known. Remember Heath Ledger's death, when the life insurance company wouldn't promptly fork over the $10 million because Heath allegedly lied about drug use on the application?

    Somehow Branca and McClain convinced the insurance company to ante up with lightening speed -- and the estate is $3 million richer for it.
    ]
  • So then is Branca who could be accused of fraud? <!-- s:lol: -->:lol:<!-- s:lol: -->
    Sorry if I don´t get it.
  • this is interesting........and knowing micheal as we do....he would have covered all the bases wouldnt he........he is not a sloppy worker,so i feel he would have had proper advise on this..............btw a friend i had coffee with today.......who does not believe........said to me "if he faked his death dont you think that is a vile thing to do to people"...............and although i believe he is alive it is a valid question........what do you guys think i should have said...?????

    Well for a non believer it may be vile. For believers it isn't. We all know he had rough times and needed to fix his issue. Yes it was a big shock when his death was posted, but once you realize what this man has gone through, you forgive and wish he is doing better. The non believers, obviously will not be able to comprehend why he has faked his death. You just should have told your friend, that he hasn't done anything wrong, did not cash his insurance so he is fine. Talking about insurance, If he did really die, why not cash the insurance?? It would have benifited the children, so that is another proof that he did not die, since he did not cash his life insurance.

    wasnt there an issue about the premiums not being paid
  • Yes ONJ ex husband is going to jail simply because he cashed his life insurance policy.

    Michaels is yet to be touched or cashed.

    TMZ said the life insurance was quietly cashed in by Branca.
    http://www.tmz.com/2009/08/08/jackson-honchos-score-3-mil/

    [Jackson Honchos Score $3 Mil
    Posted Aug 8th 2009 1:30AM by TMZ Staff

    The special administrators of Michael Jackson's estate scored a big one -- reeling in $3 million from the company that issued a life insurance policy to M.J.

    John Branca (above) and John McClain quietly cashed in the policy -- reports it was worth upwards of $20 million are simply not true. It was a $3 million payout. And here's why it was a swift move -- the coroner hasn't even released the autopsy report yet.

    Some life insurance companies are hinky about paying out proceeds until the cause of death is known. Remember Heath Ledger's death, when the life insurance company wouldn't promptly fork over the $10 million because Heath allegedly lied about drug use on the application?

    Somehow Branca and McClain convinced the insurance company to ante up with lightening speed -- and the estate is $3 million richer for it.
    ]

    oops -this is not good - points to mike passing - given mikes status you would have thought he would have been insure for more, but maybe the premiums lapsed
  • Missyb007Missyb007 Posts: 727
    deleted <!-- s:) -->:)<!-- s:) -->
  • We know it´s legal if you had 2 murder attempts... (which FBI files to be MJ´s case)
    http://wiki.answers.com/Q/Is_it_legal_to_fake_your_own_death

    I posted that link to show that it´s not illegal in case of murder attempts (that´s wiki any way), but there says that this person don´t know for the rest.

    Look to these other that goes further and seems more reliable... it´s not illegal itself.
    Is it illegal to fake your own death? What might the consequences be if you got caught?

    http://www.thelaw.com/forums/showthread.php?t=265

    So the State is not important as it seems... maybe you´re right.

    There are people who states that it´s illegal, but don´t give reasons nor details, so they seem to don´t understand the question and assume that it´s done for money etc. <!-- s;) -->;)<!-- s;) -->
  • wouldnt it be a federal offence rather than state?

    idk just throwing this out

    what about emailing brian to find out?
  • 2 Bad2 Bad Posts: 289
    Here's an article on Olivia's BF.
    It seems Dateline tracked him down. From the comments not many are willing to let him be. Too much hate out there for people to leave others that they don't even know alone.
    I hated reading the comments. Some had a judgement without really knowing the story. <!-- s:-( -->:-(<!-- s:-( --> I know MJ has a different story besides he is well loved but how many will be pissed and lash out, out of anger? We are more in tune to our emotions and how we feel about the entire thing. We've already analyzed our emotions and how we react. We Know LOVE conquers all. Others maybe not so much, and common sense flies away. We believers have looked at this from every angle possible, that in itself taught us tons.

    <!-- m -->http://www.popeater.com/2010/04/02/oliv ... 1#comments<!-- m -->

    We LOVE YOU MICHAEL!!!
  • mjfansince4mjfansince4 Posts: 1,030
    this is interesting........and knowing micheal as we do....he would have covered all the bases wouldnt he........he is not a sloppy worker,so i feel he would have had proper advise on this..............btw a friend i had coffee with today.......who does not believe........said to me "if he faked his death dont you think that is a vile thing to do to people"...............and although i believe he is alive it is a valid question........what do you guys think i should have said...?????


    well, michael went through things we can't even begin to imagine. if he faked his death, it was for a reason. and honestly, in this day and age, there are worse things people do to one another.
  • reading_onreading_on Posts: 463
    If a life insurance policy was cashed in, and he is not dead, that is fraud. I believe it is a federal crime. It doesn't matter whether it was just the money Michael put into it or not, it is considered fraud because an insurance company paid out based on the death.

    Not to mention, everyone that bought or did something based on his death would bankrupt him. Can you imagine every single person that bought something because of his death filing a claim, the city filing claims, etc?
  • awesome1awesome1 Posts: 565
    yea if an insurance policy was cashed in then quite simply its fraud......

    but seriously $3 million ???? with all the money that michael had.... youd thinkg that he had put away more than that ! and im sure he probably would have had other policies... or other money stashed away somewehere.

    but i thought that they cannot pay out on a policy without a Death Cert .... or a complete one.... as the article said that the autopsy wasnt even finshed yet, so that means the death cert couldnt have been valid, and the company couldnt have paid out.
  • And we don´t know if the a life insurance policy was cashed for a FACT...
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