Found Deceased WY - Gabrielle ‘Gabby’ Petito, 22, Grand Teton National Park, 25 Aug 2021 #31

[RANCH]

@Alethea Say Gabby and Brian had pooled their money into Gabby's account and they were both using the cards then would Brian need to know Gabby was dead in order to charge him?

If BL was putting his money into Gabby's account wouldn't that be considered a gift to her legally?

 

[Vern]

She did. That's the thing. She worked the whole day with her father on her website via youtube live, I guess? He was saying that on Dr. Phil. What he did NOT say to my knowledge is that Brian had left her there alone for the whole week. Seems like something he'd say since he was specifically discussing that time period and since he was adamant if he'd known Brian would leave her alone, he'd go get her. So if he's saying all that, stands to reason he'd mention that Brian really did leave her alone.

Perhaps Gabby did not tell her dad that she'd been left alone; perhaps thought it would shatter what we now know was an illusion of a happy relationship with Brian.

 

[10ofRods]

I don't know this answer, but on the news, the guy who does live coverage was saying it could be because that's where it started initially, and so they did their indictment there since it's a federal crime. I don't know if maybe the exact states like IL, etc will also come forward with separate indictments, but I'm thinking because it's federal, they just kicked it off in WY and might let WY lead. But I don't know, so I guess that doesn't help.

Let's not confuse it. There's a federal court in Wyoming, where charges were filed. But it's not the same thing as the State of Wyoming which may or may not also file charges. It's not about "leading," it's about where the crime was committed. In this case, as far as I can see, a murder is the highest crime that is being considered. It occurred, as far as we know, on federal land (certainly the body hiding occurred there).

There's nothing on the website but one image. I find it hard to believe they worked all day on it.

You. don't now what's behind the image - that's the part that's under construction.

But it would take me an entire day to do the cover image. I. would say. I have moderate abilities in that area. But the idea was that there would be something behind that (which you cannot see unless you "subscribe" (contact the user and get a password). The most common reason for a password is that the site is still under construction, but I have family communications on different password-protected blog sites and can only dream of having graphics like that.

Don't disparage the time it takes to make graphics - there's a reason why people do not change them frequently.

We have no idea what's actually on the site. We don't have the password. Many vloggers send the password to family or friends so that they can give feedback before it goes live. Others monetize use of the site (lots of vloggers do this, via password).

 

[charminglane]

Can you explain whether libraries have a sort of cell phone or other device blocker within that prohibits the noise and electronic use specifically in the interior? TIA.

I have never heard of this in any public libraries I frequent, nor the one I work in.

 

[bbbd4u]

If someone gives you their card and pin number and your name is not on the account if any way shape or form I would highly recommend you not do a single thing with that account. Your opening yourself up to possible legal troubles that I cannot begin to explain. In the eyes of the courts that is fraud you will likely be on camera committing these transactions also. It will be your word against the card holders and it will likely not end like you intended it to.

So 18 USC 1029 (Fraud and related activity in connection with access devices) and 18 USC 1030 (Fraud and related activity in connection with computers) are meant to criminalize hacking. They are really meant to protect financial institutions and now other corporate networks from unauthorized access and theft. That is why the penalties are so big (10 years in prison!) compared to state law level theft. It also allows for forfeiture of any personal property used in the offense (they are thinking of computers).

The crime is really defrauding Capital One into giving you access to Gabby's accounts and obtaining more than $1k using that fraud. A PIN number is supposed to be private and unique to each person. Even if you have joint accounts, each party will get their own debit card and PIN. You agree when you open the account that you will not share the PIN with anyone else - it is supposed to be secure.

That doesn't mean everyone keeps their PINs private, I know. But you are supposed to.

An access device includes a bank card, account number, PIN, or any other way of accessing money. An “unauthorized access device” means any access device that is "lost, stolen, expired, revoked, canceled, or obtained with intent to defraud."

That's where the "intent to defraud" comes in. If the PIN owner gives you permission to use the card, your use of the card is not with the intent to defraud. The bank card is not at that point an "unauthorized access device," it is merely an access device. It is with permission or authorization.

If the PIN owner has died, and you did not notify Capital One, you are essentially posing as the PIN owner to withdraw funds which defrauds Capital One. Your access device becomes unauthorized because it is stolen or obtained with intent to defraud. Capital One would not disburse these funds to you if they knew your true identity. Instead, with the intent to deceive you used an access device to gain unauthorized access to the account.

This is a really long way of saying yes I think it means he knew she died or she never gave him permission to use the card in the first place. "Knowingly, with intent to defraud" is a high standard for a mental state but knowing that the person you are impersonating (by using their PIN) has died is acting knowingly with an intent to defraud (Capital One).

 

[Okiruy]

Great point and that was my take as well. However, they should have responded to her parents quarry about her whereabouts and they simply ignored them.

They were silent then, they were silent when it was national news that GP was missing, and they are silent now. And all of their silence speaks volumes.
They know things and that’s why they’re not talking.

 

[RealisticThinker]

When you work on a website you don't publish it until it's finished. There may well be a lot more work that they hadn't actually made live.

You don't pub

Well, perhaps it was a section of a work in progress that she never got to finish ? Not fully ready for publication?

If you're going on a trip and documenting it to become an influencer, you have that ready to go before you leave and uploaded content throughout.

 

[bambibones]

They might be ... but I have to say, we have followed cases here where a perp has texted from their victim's phone (to give the illusion the victim was still alive) and those text messages have been used as evidence, and have not been given a separate fraud charge.

The fraud charge is just to hold him (when they get him) until they have the evidence they need to arrest him for murder.

 

[wasnt_me]

Not when he was "hiking" along Snake River and hitch hiking back. The van was at Spread Creek dispersed camp ground during that time.

Let me try this again: Why try to make someone think you were not at the campsite when you took part of the campsite home with you?

 

[wasnt_me]

The indictment states “in the District of Wyoming and elsewhere”. I’ve posted a picture of the indictment. Hopefully that’s okay with the mods still not sure of approved and not approved things

AH! there it is. So my guess was right. Thanks!

 

[Figuring]

Isn't this when she (presumably, she) released the YouTube video? That would be a great deal of work.

yes she was in the hotel Aug 17-23 & posted the video Aug 19. I personally think she spent a great deal of time there making this video & also building the website. It can be like hundreds of hours of work to edit video footage together & upload it & build a website. Also internet may have been v spotty while travelling & you need a really strong connection for a lot of image/video files to be uploaded. JMO

Edit for clarity: by “hundreds of hours” I mean establishing an entire brand identity across 3 platforms (YouTube, Instagram, & website), especially as an apparent non-professional. Again jmo.

 

[SouthAussie]

The fraud charge is just to hold him (when they get him) until they have the evidence they need to arrest him for murder.

Yes, I know. I was responding to the question about could the text messages be part of the arrest warrant. We know that the card and pin use was.

 

[TheGardener]

Question. As the Federal Government investigates possible money transactions, or active use of the Laundrie's bank and credit cards by their son, can they use any possible indiscretions in their accounts to squeeze them for information? This might include any business transactions they've made over a period of years: sale of real property, capitol gains tax payments, etc.?
Not sleuthing here, just a general legal question.

 

[annpats]

Why did NJJ ask BL if he needed gas money? Is there any explanation other than that one news article?

Perhaps she wondered why he was walking and hitchhiking when he had a van?
Maybe she assumed he was out of gas and money?

 

[Tigerlily75]

We


"Gabby is staying with a friend and is flying back later." If he said that, why would they be worried?

Because her family was contacting them asking where Gabby was? Why would they refuse to answer? Then, because a missing persons report was made? Why would they refuse to speak to the police who came to their door, instead just handing them their lawyers information and closing the door? And finally, because Gabby’s family put out a public statement BEGGING them to share what they know. BEGGING. Ignored again. But sure, they thought everything was just fine. I don’t think so. Their behavior is unfathomable to me. As a parent of a 22yo daughter I can’t imagine the pain, frustration, and desperation Gabby’s family must have felt. It was callous, cold and cruel.

 

[bambibones]

If BL was putting his money into Gabby's account wouldn't that be considered a gift to her legally?

BL putting money into GP's account - after she was dead?

 

[RealisticThinker]

In my mind, the oddest part of this saga is the fact he flew back to Florida for a week and shortly after returning to the hike, she was killed. That return to Florida has something major to do with this and perhaps a window to the motive...?

She may have met someone while he was gone. This case has taken so many turns, wouldn't be surprised if a mystery man emerges.

 

[charminglane]

To use internet without tracking? Some libraries are large enough to have actual cameras and surveillance, but not where I live (SoCal).

@10ofRods I work at a Library in SoCal and we do have surveillance cameras.
It helped ID the indecent exposure perp last Saturday afternoon!

 

[wasnt_me]

There's nothing on the website but one image. I find it hard to believe they worked all day on it.

Her dad said it. Maybe he meant the youtube video? I have no idea. Listen to him on Dr. Phil. He explains what they did for the whole day or whatever.

What are you talking about only have one image though?

 

[jamicat]

So 18 USC 1029 (Fraud and related activity in connection with access devices) and 18 USC 1030 (Fraud and related activity in connection with computers) are meant to criminalize hacking. They are really meant to protect financial institutions and now other corporate networks from unauthorized access and theft. That is why the penalties are so big (10 years in prison!) compared to state law level theft. It also allows for forfeiture of any personal property used in the offense (they are thinking of computers).

The crime is really defrauding Capital One into giving you access to Gabby's accounts and obtaining more than $1k using that fraud. A PIN number is supposed to be private and unique to each person. Even if you have joint accounts, each party will get their own debit card and PIN. You agree when you open the account that you will not share the PIN with anyone else - it is supposed to be secure.

That doesn't mean everyone keeps their PINs private, I know. But you are supposed to.

An access device includes a bank card, account number, PIN, or any other way of accessing money. An “unauthorized access device” means any access device that is "lost, stolen, expired, revoked, canceled, or obtained with intent to defraud."

That's where the "intent to defraud" comes in. If the PIN owner gives you permission to use the card, your use of the card is not with the intent to defraud. The bank card is not at that point an "unauthorized access device," it is merely an access device. It is with permission or authorization.

If the PIN owner has died, and you did not notify Capital One, you are essentially posing as the PIN owner to withdraw funds which defrauds Capital One. Your access device becomes unauthorized because it is stolen or obtained with intent to defraud. Capital One would not disburse these funds to you if they knew your true identity. Instead, with the intent to deceive you used an access device to gain unauthorized access to the account.

This is a really long way of saying yes I think it means he knew she died or she never gave him permission to use the card in the first place. "Knowingly, with intent to defraud" is a high standard for a mental state but knowing that the person you are impersonating (by using their PIN) has died is acting knowingly with an intent to defraud (Capital One).

MOO- I don’t think BL gave any of this a thought. He very likely was using her ATM, credit cards, phone , van, money, etc so frequently that it didn’t occur to him that the ride ends when she is gone. I do not believe he looked at it as stealing because he was so used to being the driver of things, quite literally the van

It is likely that he contributed to the bank accounts funding the Debit card. Gabby lived with his family and they likely both indulged heavily in the Laundries’ resources.

In the Moab LE tape, BL says he doesn’t have a phone. He may well not have one. Wouldn’t need one if he shared Gabby’s. Also would explain why he might have taken hers at times and that they’d fight over it. They likely shared everything until they got mad at each other.

Now that Gabby is gone, all of her belongings that are at the Laundries’ house, anything of hers in the cars, camper, etc and the van itself belong to her family. As does every cent in her bank accounts as of date she died. Banks have special federal regulations and penalties are steep if they are broken