Law on faking one´s death

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Comments

  • Iam sure Michael read up about this of course and knows EXACTLY what he is doing

    Don't worry guys. MJ can do anything he sets his mind to!
  • Is it true that if you hoax your death but you return within one year you will not be in trouble???
  • simplymesimplyme Posts: 649
    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.

    This is from LAW GURU ANSWERS.........................................LINKS BELOW

    THIS IS MOM'S QUESTION

    hello,

    My question is going to sound a little crazy.

    I have a 16 year old daughter and she and her friends are convinced that Michael Jackson faked his death.

    I have tried to tell her that this would be illegal, but she will not believe me.

    I am hoping that you can provide a legal answer that will put this to rest for her.


    I would assume that if he has faked his death, that admitting a fraudulent will into probate, and his estate making money would be illegal. He has also been reported to the Social Security as deceased and his children will collect from SS.

    Wouldn't his attorney and family also be in trouble for aiding the faked death?

    Also the FBI and DEA are involved in this investigation, would he not be in trouble with them also?

    And i would assume that it is illegal to fake your death in order to make money for your estate.

    Please help me explain this to my daughter,

    she said that she would believe what is answered here.

    Thank you for your time,

    Tired Mom

    This was the attorney's answer


    What's the old saying? Mom knows best.


    Tell your daughter that she's got her confirmation. Mom is right.


    If he were to just walk away from everything, but not falsely report his death, it's not a crime. Sure, you have obligations (bills, child support, etc), but you're free to pick up and leave whenever and to wherever you want.


    But in the case of being in on a big scheme to fake your death for financial gain? All sorts of levels of fraud come into play.


    Filing a false police report, falsely reporting an emergency, insurance fraud, perjury by filing false documents with the court system, theft by trick and device - just to name a few off the top of my head.


    Besides - does your daughter honestly believe that the hundreds of people that would have to be involved in this massive conspiracy are all going along with a faked death? That would mean that the doctor that called 911, the police, coroner, DA, DEA, FBI, all the family, his attorneys and countless other people are all willing to lie, risk jail time and civil lawsuits amounting to millions of dollars for Michael Jackson's estate to sell a few memorial T-shirts and increase the value of his estate? Not one of the people involved in a massive cover-up would get greedy and blow the whistle, selling their story for a million bucks to the National Enquirer?


    Sorry - mom wins on this. What's at stake?

    PART 2 - SHE WROTE HIM AGAIN

    Hello again,

    I want to thank you all for answering my question Friday regarding

    Michael Jackson faking his death.

    Your answers were very helpful and also made me chuckle!

    My 16 yr old daughter is starting to come to her senses regarding this .


    But there are still some things that she is believing in...

    if you could answer a couple more questions for me,

    I believe that we will be able to put this Michael Jackson thing behind us

    and our family can get back to normal.


    For one she thinks that because on some documents

    he is listed as Michael Jackson ,

    some as Michael Joe Jackson and some as Michael Joseph Jackson

    that he would not be held liable for any hoax related crimes

    if his legal middle name is Joe instead of Joseph..

    I have tried to explain to her that all 3 names would be recognized by the court as the same person.


    Also she thinks that MJ would not be held responsible

    for his estate making money,

    because he didn't force the fans to buy the cd's, movie tickets...etc.

    Wouldn't he still be held liable for profiting from a faked death?


    She lastly believes that if this isn't a hoax for a huge comeback,

    which I think she is now seeing how that couldn't be possible without legal ramifications,

    she believes that the government is helping MJ in the witness protection program to help expose Drug Companies,

    and that if he had is life threatened twice, that it is legal to fake your death.


    As you can see, the imagination of a teenage girl is very vivid,

    but she is starting to see the light with your legal help.

    I know that you are quite busy and this is such a silly question, so I really want to thank you for your help!


    Tired Mom


    His answer

    Holy cow. Your daughter would do well to devote half the time to her studies as she does to the crazy conspiracy theories.


    Okay - for you, Tired Mom - I'll address the questions in order, but only if you promise me your daughter will let this go.


    The name thing -


    My legal name is Joseph. Only my mom, when she's mad, calls me Joseph. Everybody calls me Joe. Guess what? I'm still the same person. If "Joe" gets a speeding ticket, "Joseph" is also in trouble. I can't fight the ticket just because it says "Joe."


    The civil liability for faking his death -


    No, he didn't force his fans to buy CDs, but if he intentionally did something, like say, fake his death, to drive up sales, then he's falsely advertised the scarcity of his music, creating a false market for his products. He would be exposed to massive lawsuits for the profits gained by a buying frenzy now that he's dead. By the way... he IS dead.


    The Government is in on it... -


    Yeah. They've got him in witness protection. I'm sure he'd be a star witness in any case they ever built against anyone.


    No, you may not fake your death because you've been threatened once, twice or a million times.



    So - we're all agreed then? Michael Joe/Joseph Jackson is dead. R.I.P. Michael. He's not in hiding, he will NOT be holding a comeback tour and it's now time for some other obsession.


    Get some rest, Mom.

    LINK TO PART 1 OF WHAT I POSTED
    <!-- m -->https://www.lawguru.com/legal-questions ... 10320202/a<!-- m -->

    LINK TO PART 2
    <!-- m -->http://www.lawguru.com/legal-questions/ ... 60681102/a<!-- m -->
  • 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.

    This is from LAW GURU ANSWERS.........................................LINKS BELOW

    THIS IS MOM'S QUESTION

    hello,

    My question is going to sound a little crazy.

    I have a 16 year old daughter and she and her friends are convinced that Michael Jackson faked his death.

    I have tried to tell her that this would be illegal, but she will not believe me.

    I am hoping that you can provide a legal answer that will put this to rest for her.


    I would assume that if he has faked his death, that admitting a fraudulent will into probate, and his estate making money would be illegal. He has also been reported to the Social Security as deceased and his children will collect from SS.

    Wouldn't his attorney and family also be in trouble for aiding the faked death?

    Also the FBI and DEA are involved in this investigation, would he not be in trouble with them also?

    And i would assume that it is illegal to fake your death in order to make money for your estate.

    Please help me explain this to my daughter,

    she said that she would believe what is answered here.

    Thank you for your time,

    Tired Mom

    This was the attorney's answer


    What's the old saying? Mom knows best.


    Tell your daughter that she's got her confirmation. Mom is right.


    If he were to just walk away from everything, but not falsely report his death, it's not a crime. Sure, you have obligations (bills, child support, etc), but you're free to pick up and leave whenever and to wherever you want.


    But in the case of being in on a big scheme to fake your death for financial gain? All sorts of levels of fraud come into play.


    Filing a false police report, falsely reporting an emergency, insurance fraud, perjury by filing false documents with the court system, theft by trick and device - just to name a few off the top of my head.


    Besides - does your daughter honestly believe that the hundreds of people that would have to be involved in this massive conspiracy are all going along with a faked death? That would mean that the doctor that called 911, the police, coroner, DA, DEA, FBI, all the family, his attorneys and countless other people are all willing to lie, risk jail time and civil lawsuits amounting to millions of dollars for Michael Jackson's estate to sell a few memorial T-shirts and increase the value of his estate? Not one of the people involved in a massive cover-up would get greedy and blow the whistle, selling their story for a million bucks to the National Enquirer?


    Sorry - mom wins on this. What's at stake?

    PART 2 - SHE WROTE HIM AGAIN

    Hello again,

    I want to thank you all for answering my question Friday regarding

    Michael Jackson faking his death.

    Your answers were very helpful and also made me chuckle!

    My 16 yr old daughter is starting to come to her senses regarding this .


    But there are still some things that she is believing in...

    if you could answer a couple more questions for me,

    I believe that we will be able to put this Michael Jackson thing behind us

    and our family can get back to normal.


    For one she thinks that because on some documents

    he is listed as Michael Jackson ,

    some as Michael Joe Jackson and some as Michael Joseph Jackson

    that he would not be held liable for any hoax related crimes

    if his legal middle name is Joe instead of Joseph..

    I have tried to explain to her that all 3 names would be recognized by the court as the same person.


    Also she thinks that MJ would not be held responsible

    for his estate making money,

    because he didn't force the fans to buy the cd's, movie tickets...etc.

    Wouldn't he still be held liable for profiting from a faked death?


    She lastly believes that if this isn't a hoax for a huge comeback,

    which I think she is now seeing how that couldn't be possible without legal ramifications,

    she believes that the government is helping MJ in the witness protection program to help expose Drug Companies,

    and that if he had is life threatened twice, that it is legal to fake your death.


    As you can see, the imagination of a teenage girl is very vivid,

    but she is starting to see the light with your legal help.

    I know that you are quite busy and this is such a silly question, so I really want to thank you for your help!


    Tired Mom


    His answer

    Holy cow. Your daughter would do well to devote half the time to her studies as she does to the crazy conspiracy theories.


    Okay - for you, Tired Mom - I'll address the questions in order, but only if you promise me your daughter will let this go.


    The name thing -


    My legal name is Joseph. Only my mom, when she's mad, calls me Joseph. Everybody calls me Joe. Guess what? I'm still the same person. If "Joe" gets a speeding ticket, "Joseph" is also in trouble. I can't fight the ticket just because it says "Joe."


    The civil liability for faking his death -


    No, he didn't force his fans to buy CDs, but if he intentionally did something, like say, fake his death, to drive up sales, then he's falsely advertised the scarcity of his music, creating a false market for his products. He would be exposed to massive lawsuits for the profits gained by a buying frenzy now that he's dead. By the way... he IS dead.


    The Government is in on it... -


    Yeah. They've got him in witness protection. I'm sure he'd be a star witness in any case they ever built against anyone.


    No, you may not fake your death because you've been threatened once, twice or a million times.



    So - we're all agreed then? Michael Joe/Joseph Jackson is dead. R.I.P. Michael. He's not in hiding, he will NOT be holding a comeback tour and it's now time for some other obsession.


    Get some rest, Mom.

    LINK TO PART 1 OF WHAT I POSTED
    <!-- m -->https://www.lawguru.com/legal-questions ... 10320202/a<!-- m -->

    LINK TO PART 2
    <!-- m -->http://www.lawguru.com/legal-questions/ ... 60681102/a<!-- m -->


    It's what I've always thought but have tried to ignore. It makes sense--there have to be negative repercussions to faking a death. It is just a bit hard to see it in writing and from a legal source. SO..even if Michael isn't truly gone, chances are we're not going to be seeing him again <!-- s:( -->:(<!-- s:( --> . Heartbreaking. Just my opinion. Hope I'm wrong..
  • JennieJennie Posts: 514
    @simply me

    I really dont know what to say to all this or how the law works where you live but I am in Canada and here if there is a mistake on your speeding ticket on the speed you we're going or any stupid little mistake you can go to court, contest you ticket and will get off.

    So I can not take this seriously or discard it. Sorry. <!-- s;) -->;)<!-- s;) -->
  • GraceGrace Posts: 2,864
    Don't let yourself get fooled by one opinion of one lawyer.

    Law is written on paper, usually decided by a democratic parliament (or in some countries by one man only).

    Applied law by lawyers is about interpretation of the written text - whether yes or no the written paragraph applies to the case, whether this or that circumstance must be considered and / or needs more weight and which other paragraphs would need additional attention.

    Applied law in court is about challenging the written text in context with the counterpart advocats - the most interesting battles about written law and storybooks are taking place in the US - amazing strategic chess games btw.

    There is a saying that reflects some truth:
    "In court and on the high seas you are in God's hand."
    Meaning everything may happen and you cannot be certain to not find injustice in court.
    It is known that depending on which court is being called to judge over a case the sentences may vary widely.

    It's good that there was an answer at least.
    However:
    If this lawyers thinks what he said this does not mean that he's right. It's one opinion only.
    AND he's dismissive to the idea of a hoax so he will not bother to interprete the whole spectrum of a hoax case.

    Therefore to me these utterances are only dust in the wind.
  • MashMikeMashMike Posts: 1,312
    @simply me

    I really dont know what to say to all this or how the law works where you live but I am in Canada and here if there is a mistake on your speeding ticket on the speed you we're going or any stupid little mistake you can go to court, contest you ticket and will get off.

    So I can not take this seriously or discard it. Sorry. <!-- s;) -->;)<!-- s;) -->

    AGREE,HERE IN MY COUNTRY EVEN A DOCUMENT OF LESS IMPORTANCE IS CONSIDERED ILLEGAL IF EVEN A SINGLE LETTER IS MISSPELLED IN YOUR NAME OR SURNAME.
  • awesome1awesome1 Posts: 565
    do we even know if hes a valid attorney or a valid source for that matter..... nobody on the internet is who they say they are..

    and yea the name thing is strict in some countries.....
  • reading_onreading_on Posts: 463
    @simply me

    I really dont know what to say to all this or how the law works where you live but I am in Canada and here if there is a mistake on your speeding ticket on the speed you we're going or any stupid little mistake you can go to court, contest you ticket and will get off.

    So I can not take this seriously or discard it. Sorry. <!-- s;) -->;)<!-- s;) -->

    AGREE,HERE IN MY COUNTRY EVEN A DOCUMENT OF LESS IMPORTANCE IS CONSIDERED ILLEGAL IF EVEN A SINGLE LETTER IS MISSPELLED IN YOUR NAME OR SURNAME.
    In other countries that might be true, but it is simply NOT true here in the US. You can have your name misspelled on just about anything and it still stick. It is something like a thing in civil suits called implied liability. In other words, if it is common knowledge you are the person that is being represented in the document, and there be a common sense reasoning (like say "Joe" is short for Joseph in a lot of cases), then the documents are good.

    This is something I know for certain not just speculation and not a lawyer telling me.

    When my son and I were involved in a court case that lasted 4 years, over those years his name was misspelled and all sorts of mistakes made with it (and mine too) with lots of different documents. All of them were legal, all of them stuck and I specifically asked about this more than once to a judge when filing them.
  • MashMikeMashMike Posts: 1,312
    To reading-on

    Well, thank u very much for that info, so i guess this is it, i mean it clears up Joe- Joesph thing,no more speculations about it.
  • mjlovebugmjlovebug Posts: 122
    coem now everyone you are all using the wrong words

    the term cashed in is- getting the money before you die

    <!-- m -->http://www.finweb.com/insurance/how-to- ... olicy.html<!-- m -->
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