essayons21
Member
I recently have found myself in a sticky situation. I have a friend who recently plead guilty as part of a plea deal with the FBI and US attorney's office to a few counts of wire fraud and bank fraud. He basically lied on some federal forms in order to get millions in tax credits, which were then sold to corporations for millions of dollars. Part of his plea agreement is to become a cooperating witness for the feds against another person involved in the same scheme, who apparently the FBI wants to see in jail for a long time.
Obviously he will soon be a felon and lose his 2A rights. He has a massive gun collection. As part of the deal, he is allowed by the the FBI to give his collection away, and I am receiving about a third of it, although I am getting the most valuable pieces because he knows how much I appreciate fine guns. I also will be getting most of the ammunition, which he bought by the pallet. This arrangement is being supervised by the FBI, I am signing for each gun by serial no. and they may be contacting me to verify I which guns I have received so that they can account for all of his firearms.
Now that is the simple part. What I am concerned with is the civil forfeiture proceedings and his eventual bankruptcy hearings. Both the indictment for the man he is testifying against and his plea deal include civil forfeiture. My friend's deal only lists a certain number of properties which were bought with ill-gotten gains, and a few vehicles. The other guy's civil forfeiture includes pretty much everything he bought in the past 8 years, and specifically lists numerous firearms. Also, when the dust settles I am sure that my friend will be declaring bankruptcy and that court will be going after all of his assets.
So my main questions is, can I sell or trade away any of these guns? There are far too many for me to keep, I simply don't have the room. I am going to have to buy a new safe, which I will have to sell at least one gun in order to afford. I am worried though that the bankruptcy court might try to come after the guns and any proceeds from the guns, even though he was ordered to transfer them out of his possession as gifts by the FBI.
I am also worried about how a sentencing or bankruptcy judge might view him transferring tens of thousands of dollars worth of assets immediately before his conviction, again even though he was ordered to do so by the FBI.
Further complicating matters is the fact that I have a C&R FFL, and if I do start selling large amounts of firearms I don't want to look like I am in the business of selling them and lose my FFL.
I am going to be in contact with his lawyer, and may contact a lawyer that specializes in firearms law, but I wanted to get some opinions from THR first.
Thanks
Obviously he will soon be a felon and lose his 2A rights. He has a massive gun collection. As part of the deal, he is allowed by the the FBI to give his collection away, and I am receiving about a third of it, although I am getting the most valuable pieces because he knows how much I appreciate fine guns. I also will be getting most of the ammunition, which he bought by the pallet. This arrangement is being supervised by the FBI, I am signing for each gun by serial no. and they may be contacting me to verify I which guns I have received so that they can account for all of his firearms.
Now that is the simple part. What I am concerned with is the civil forfeiture proceedings and his eventual bankruptcy hearings. Both the indictment for the man he is testifying against and his plea deal include civil forfeiture. My friend's deal only lists a certain number of properties which were bought with ill-gotten gains, and a few vehicles. The other guy's civil forfeiture includes pretty much everything he bought in the past 8 years, and specifically lists numerous firearms. Also, when the dust settles I am sure that my friend will be declaring bankruptcy and that court will be going after all of his assets.
So my main questions is, can I sell or trade away any of these guns? There are far too many for me to keep, I simply don't have the room. I am going to have to buy a new safe, which I will have to sell at least one gun in order to afford. I am worried though that the bankruptcy court might try to come after the guns and any proceeds from the guns, even though he was ordered to transfer them out of his possession as gifts by the FBI.
I am also worried about how a sentencing or bankruptcy judge might view him transferring tens of thousands of dollars worth of assets immediately before his conviction, again even though he was ordered to do so by the FBI.
Further complicating matters is the fact that I have a C&R FFL, and if I do start selling large amounts of firearms I don't want to look like I am in the business of selling them and lose my FFL.
I am going to be in contact with his lawyer, and may contact a lawyer that specializes in firearms law, but I wanted to get some opinions from THR first.
Thanks