Silver Alert CT - Jennifer Dulos, 50, New Canaan, 24 May 2019 *ARRESTS* #31

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At the end of the deposition, AB talks about MTs risk of being charged with conspiracy. He says he doesn't have to elaborate on what kind of conspiracy and the laws around conspiracy.

But we can elaborate, of course! There is conspiracy to tamper with evidence, as discussed below. Something as simple as purchasing cleaning supplies (like black plastic garbage bags anyone?).
And then, there is conspiracy to murder.

Jennifer Dulos Case: Can Fotis Dulos and Girlfriend Be Arrested for Conspiracy in Connecticut? - The Law Offices of Mark Sherman

On another note, wondering if LE believes and has evidence that FD was "laying in wait" for JD inside her home (garage), how about charges for home invasion as well?
Connecticut Home Invasions | Breaking and Entering Defense in Stamford
Seems like all conditions could be satisfied for this charge, too. Although perhaps JD was not in the home at the time of entry, but then returned home, not sure of that technicality. Clearly FD invaded the home with the intention that JD would arrive there.

Let's keep looking for more charges, too, since AB is not into speculating at the moment. We can keep a list for him here to come back to when it's time to go on record.
 
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What Assets Go Through Probate In New York?
by Ettinger Law Firm
Probate is the legal process that takes place after a person passes away. It typically involves submitting a valid will to the surrogacy court in New York state, taking inventory of the deceased’s estate’s assets, paying off the estate’s liabilities and distributing the estate assets to the beneficiaries designated in the will. What assets go through probate though are not always what the deceased or the future beneficiaries expect. Only certain assets are considered probate assets and pass ownership through New York probate proceedings.

Probate Assets

Probate assets are those who are owned individually by the decedent or person who has passed away. These assets are a part of the decedent’s estate because they have not been disposed of through other testamentary instruments like a trust or been passed on through a survivorship right or named beneficiary designation. Typical examples of a probate asset is all the property left in a person’s residence, the residence itself, bank accounts and cars.



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<modsnip: rude and confrontational>

What Assets Go Through Probate In New York?
by Ettinger Law Firm
Probate is the legal process that takes place after a person passes away. It typically involves submitting a valid will to the surrogacy court in New York state, taking inventory of the deceased’s estate’s assets, paying off the estate’s liabilities and distributing the estate assets to the beneficiaries designated in the will. What assets go through probate though are not always what the deceased or the future beneficiaries expect. Only certain assets are considered probate assets and pass ownership through New York probate proceedings.

Probate Assets

Probate assets are those who are owned individually by the decedent or person who has passed away. These assets are a part of the decedent’s estate because they have not been disposed of through other testamentary instruments like a trust or been passed on through a survivorship right or named beneficiary designation. Typical examples of a probate asset is all the property left in a person’s residence, the residence itself, bank accounts and cars.



<modsnip>

Sounds like you read the Farber probate records. What’s in the file? Did you happen to get copies of all of the paperwork? All of us would be grateful for you posting the documents. It would make for interesting reading to learn what FD and/or MT learned from probate records.
 
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At the end of the deposition, AB talks about MTs risk of being charged with conspiracy. He says he doesn't have to elaborate on what kind of conspiracy and the laws around conspiracy.

But we can elaborate, of course! There is conspiracy to tamper with evidence, as discussed below. Something as simple as purchasing cleaning supplies (like black plastic garbage bags anyone?).
And then, there is conspiracy to murder.

Jennifer Dulos Case: Can Fotis Dulos and Girlfriend Be Arrested for Conspiracy in Connecticut? - The Law Offices of Mark Sherman

On another note, wondering if LE believes and has evidence that FD was "laying in wait" for JD inside her home (garage), how about charges for home invasion as well?
Connecticut Home Invasions | Breaking and Entering Defense in Stamford
Seems like all conditions could be satisfied for this charge, too. Although perhaps JD was not in the home at the time of entry, but then returned home, not sure of that technicality. Clearly FD invaded the home with the intention that JD would arrive there.

Let's keep looking for more charges, too, since AB is not into speculating at the moment. We can keep a list for him here to come back to when it's time to go on record.

100% LOVE THIS! Mark Sherman is a high profile criminal attorney in CT. Atty Sherman's article hits the nail on the head: conspiracy in CT is the same as conspiracy in NY (think of organized crime takedowns during the Giuliani era). Yo, U.S. Attorney for CT, time to come back from Washington boondoggles, you have work here to do in your own state. MOO. BBM.

Excerpt from Atty Sherman's article:

"What is Conspiracy in Connecticut?

The Connecticut crime of Conspiracy under C.G.S. § 53a-48 requires at least two people to agree to engage in criminal conduct. Beyond that, at least one person must commit an “overt act” in furtherance of that agreement to commit a crime.

What is an “Overt Act” in a Connecticut Conspiracy Arrest?

An overt act need not be the criminal act itself. It can be any act—even the slightest act—like buying cleaning supplies to dispose of blood, or providing a telephone number to a drug dealer.

If Fotis Dulos and Michelle Troconis agreed to tamper with physical evidence (a charge both are facing in Stamford Superior Court) and one of them committed an overt act in furtherance of that agreement, they could be charged with conspiracy to tamper with physical evidence."

MOO.

[Edited by me in full MOO mode: MT's overt act in furtherance of fraud against creditors of FORE including all the tradespeople owed money for actually supplying HVAC etc: MT taking out a fraudulent mortgage to compensate another employee with cash off the books for doing personal bidding of FD, outside of the business of building and selling houses, a fraud perpetuated on innocent creditors of FORE because funds and resources are drained from operations in order to fund FD's travel and entertainment. As noted by @Midwestmom2019 I believe, every credit card expense not for business purposes needs to be pulled up. Yep, all of ya "employees" charging AMEX expense card with meals and entertainment and ski trips to pitch investors and ski lessons and ski equipment and company/personal cars and storage rentals and club dues and real estate commissions, particularly to those not licensed to sell real estate but just hanging out with real estate agents at the pond, at dinner parties, yeah, you too are conspirators in IRS fraud and creditor fraud]. MOO.
 
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248.00 11/13/2019 D OBJECTION TO REQUEST
Document.gif
newred.gif

for Adjudication of 145.00
 
I hope the judge doesn’t let them get away with this-did they really think the nanny wasn’t ever going to be deposed?
I think they would have to be formally given notice though. If FD/FORE truly did get formal notice only 2 days prior, I don't think that flies. They would have to be given the opportunity for some discovery though that is somewhat limited for a non-party to a case. If this motion is truthful, there may be some merit to it. JMO.
 
Sounds like you read the Farber probate records. What’s in the file? Did you happen to get copies of all of the paperwork? All of us would be grateful for you posting the documents. It would make for interesting reading to learn what FD and/or MT learned from probate records.
I haven't seen the actual probate documents but my guess is based on the structure of what appears to be in place that the actual assets going through probate were personal items and the bulk of the estate was shielded via what appears to be a network of trusts (which wouldn't be subject to Probate in NYS as I understand it).

So, I'm not sure MT or FD would have found out much from these probate documents as the general goal is to minimise assets going through actual probate so far as I know especially in a high tax state like NY. But to me the idea that they would actually seek out such information tells me virtually everything I need to know about them too!

I believe we are aware of at least 2 trusts that JF had access to and this income allowed her the financial freedom to escape FD and 4Jx and provide for her 5 children in NC. But I'm not sure how much value there is for us here to try and investigate the Farber family assets and trusts etc. as I'm not sure IMO that this is in the spirit of 'victim friendly'. I'm good knowing that JF was blessed enough to have family wealth behind her as she sought to make a new life for herself and her children. Beyond this info I'm not sure I need to know any more.

We can only assume that the extreme effort that MT and FD put into unraveling the Farber wealth speaks to their possible nefarious motives in this sad and tragic case. It also is a simple reminder as to who MT and FD are as people (as if any here need such a reminder IMO).

For my money though, suffice to know that money was most likely the primary driver for MT and FD and that they simply wanted MORE and MORE and didn't want to work for a penny ever. They seemed to want a life of skiing in Miami, Greece and Vail and didn't want to spend any time on work, just pleasure and fun. And as we will no doubt see down the line MT and FD were willing to do just about anything to live their 'good life'.

We saw a MT even unable to exert the effort or the diligence to get a very simple brokers license which IMO is probably one of the easiest licenses to obtain with just a few hours of study. We saw FD pressing real estate agents hard to chisel just a bit more $$ out of each house sale so that it could be funnelled to MT. MT could not even do this much and get a simple real estate licence but yet she was ready/willing/able to simply SPEND SPEND SPEND money that she neither earned nor was entitled to as it was money IMO from the Farber family that represented 'ill gotten gains' from not paying the mortgage as was his legal responsibility and repaying loans from his father in law. In my mind I'm not sure the monikers 'side piece' or 'paramour' adequately describe the base nature of MT but it sure was interesting to see the questioning of Atty Weinstein just flay her open in the deposition questions as she seems no different than any number of homeless people panhandling around the world IMO.

At this point I'm not even sure if the questions need to be answered by MT herself as I think there is little doubt as to who she is and what all she has sadly done here. The release of the deposition questions told me what we can expect to see in court in the civil trial.

Atty Bowman speaks to the issue of 'presumed innocence" and sure in the abstract this is true for any accused person but the reality though is that so much has been put forward to indicate who/what MT is that spouting off about 'presumed innocence" is just trying to put 'lipstick on a pig' at this point IMO. But if Atty Bowman plans to put on a case in an attempt to defend MT then by all means do as Atty. P. said outside the courtroom, "bring it on" and I will be all ears!

I keep thinking about what Atty Bowman could possibly say to defend MT and sadly I'm not seeing much. In AW2 we saw MT actively involved with cleaning and disposal of cleaning items, bringing bags from 4Jx to 80 MS, actively participating in going to bank with FD, watching as FD paid for the EE truck cleaning and dropping off and picking up FD when dealing with the EE truck cleaning and then lying about it to LE and most clearly we saw IMO MT involvement and knowledge of what was going on when she played 'hide the truck keys' with EE truck. IMO MT knew what was going on and was involved EVERY step of the way in her dealings with FD.

In short based on the supposed evidence of Atty Weinstein and his PI and as clearly outlined in the deposition so artfully prepared by Atty Weinstin we see MT and FD as nothing more than high living and well traveled 'grifters' who spent over 3 years living off of funds that IMO they were not entitled to.

I believe the research on motives for murder are Sex, Money and Greed (don't recall the order). So, IMO its hard not to place "MONEY" and "GREED" at the top of the now growing list of "MOTIVE IDEAS" here.

MOO
 
I hope the judge doesn’t let them get away with this-did they really think the nanny wasn’t ever going to be deposed?
IMO this is simply ridiculous but par for the course with FD and Atty BM!

Last time I looked there is Amtrak service available to the City easily accessible in Bridgeport or even Metro North train service. OR simply get in your cars and DRIVE? We aren't talking transcontinental travel here to Siberia.

We are talking a simple deposition in NYC. You would think that FD and Atty BM are being asked to plan a 'moon shot' travel itinerary!

I hope the Judge puts the kabash on this nonsense as it appears that the FD and Atty BM plan is to simply torture and torment this individual who is no doubt well known to FD with additional document requests.

I am actually surprised that this witness has not requested that FD not attend in person and only be allowed via video and does not have a protection order in place for her personal safety. I am quite concerned about FD having any access to the witness at close quarters as the potential for intimidation seems quite real.
MOO
 
100% LOVE THIS! Mark Sherman is a high profile criminal attorney in CT. Atty Sherman's article hits the nail on the head: conspiracy in CT is the same as conspiracy in NY (think of organized crime takedowns during the Giuliani era). Yo, U.S. Attorney for CT, time to come back from Washington boondoggles, you have work here to do in your own state. MOO. BBM.

Excerpt from Atty Sherman's article:

"What is Conspiracy in Connecticut?

The Connecticut crime of Conspiracy under C.G.S. § 53a-48 requires at least two people to agree to engage in criminal conduct. Beyond that, at least one person must commit an “overt act” in furtherance of that agreement to commit a crime.

What is an “Overt Act” in a Connecticut Conspiracy Arrest?

An overt act need not be the criminal act itself. It can be any act—even the slightest act—like buying cleaning supplies to dispose of blood, or providing a telephone number to a drug dealer.

If Fotis Dulos and Michelle Troconis agreed to tamper with physical evidence (a charge both are facing in Stamford Superior Court) and one of them committed an overt act in furtherance of that agreement, they could be charged with conspiracy to tamper with physical evidence."

MOO.

[Edited by me in full MOO mode: MT's overt act in furtherance of fraud against creditors of FORE including all the tradespeople owed money for actually supplying HVAC etc: MT taking out a fraudulent mortgage to compensate another employee with cash off the books for doing personal bidding of FD, outside of the business of building and selling houses, a fraud perpetuated on innocent creditors of FORE because funds and resources are drained from operations in order to fund FD's travel and entertainment. As noted by @Midwestmom2019 I believe, every credit card expense not for business purposes needs to be pulled up. Yep, all of ya "employees" charging AMEX expense card with meals and entertainment and ski trips to pitch investors and ski lessons and ski equipment and company/personal cars and storage rentals and club dues and real estate commissions, particularly to those not licensed to sell real estate but just hanging out with real estate agents at the pond, at dinner parties, yeah, you too are conspirators in IRS fraud and creditor fraud]. MOO.
Perfection!

All I can add is to just keep stacking the charges for both MT and FD. Keep stacking them HIGHER AND DEEPER until we get to the point where possible murder charge might not even add all that much time for MT.

There were at least 3 other charges for MT in AW2 IMO that States Atty didn't add but clearly could have. MT and Atty Bowman want to remain silence and wait for a jury trial as is their right.

No problem. But by the time that such a trial ever happens know that if the charges keep stacking that 30-40 possible years in prison could just be a basic reality in terms of potential prison time and this might just be before any murder charges are laid IMO.

MT and Atty Bowman might not have as many options as I might have initially expected given the activities to which MT now seems to have been privy. Will be interesting to see how this all plays out and how the 'silence game' works for MT. I am also curious if this 'silence game' legal strategy can be taken all the way through trial up until the point where the Judge opens the jury verdict which my guess will be 'guilty'? Is MT willing to risk spending the better part of her life in a cold CT prison for FD?

MOO
 
IMO this is simply ridiculous but par for the course with FD and Atty BM!

Last time I looked there is Amtrak service available to the City easily accessible in Bridgeport or even Metro North train service. OR simply get in your cars and DRIVE? We aren't talking transcontinental travel here to Siberia.

We are talking a simple deposition in NYC. You would think that FD and Atty BM are being asked to plan a 'moon shot' travel itinerary!

I hope the Judge puts the kabash on this nonsense as it appears that the FD and Atty BM plan is to simply torture and torment this individual who is no doubt well known to FD with additional document requests.

I am actually surprised that this witness has not requested that FD not attend in person and only be allowed via video and does not have a protection order in place for her personal safety. I am quite concerned about FD having any access to the witness at close quarters as the potential for intimidation seems quite real.
MOO
Yes, BUT...and you know whose side I fall on...it is FD right to make additional document requests. Difference being, LA will more than likely easily comply if within scope. It is most certainly torment to be involved in this. How can LA get a personal protection order based on just a feeling? She can't. She will arrive at court with lawyer/protection and will undoubtedly be nervous. I don't think it will affect her answers. It is horrible dealing with these people but if she is all in for Jennifer, she has all the support/advice she needs. IMO. Maybe she has not requested FD via video because she WANTS to face him. Many people desire to face the monster. Sometimes it helps them to process what happened. Maybe she wants to look him in the eye because Jennifer is no longer able to. When was her depostion in CT scheduled? If at all. Answer will help determine validity of FD motion. JMO.
 
I think they would have to be formally given notice though. If FD/FORE truly did get formal notice only 2 days prior, I don't think that flies. They would have to be given the opportunity for some discovery though that is somewhat limited for a non-party to a case. If this motion is truthful, there may be some merit to it. JMO.

Maybe so, if they really did only get 2 days notice, but I was just thinking in terms of the constant stalling that Team Fotis is engaging in, and inferring that they are stalling again here. And the fact that they ought to have anticipated that LA was going to have to be deposed at some point.
 
Maybe so, if they really did only get 2 days notice, but I was just thinking in terms of the constant stalling that Team Fotis is engaging in, and inferring that they are stalling again here. And the fact that they ought to have anticipated that LA was going to have to be deposed at some point.
It seems from above posted doc that Team FD has been aware for a very long time that LA would be deposed. So more stalling! And why? She is least of his worries in civil case. Par for course.
 
Yes, BUT...and you know whose side I fall on...it is FD right to make additional document requests. Difference being, LA will more than likely easily comply if within scope. It is most certainly torment to be involved in this. How can LA get a personal protection order based on just a feeling? She can't. She will arrive at court with lawyer/protection and will undoubtedly be nervous. I don't think it will affect her answers. It is horrible dealing with these people but if she is all in for Jennifer, she has all the support/advice she needs. IMO. Maybe she has not requested FD via video because she WANTS to face him. Many people desire to face the monster. Sometimes it helps them to process what happened. Maybe she wants to look him in the eye because Jennifer is no longer able to. When was her depostion in CT scheduled? If at all. Answer will help determine validity of FD motion. JMO.

You know, LA has to be angrier at FD than we are, and will answer all questions easily, all while looking right at him. I think it’s possible that you are right; maybe she is looking forward to answering these questions in his presence, and not while he is watching via video. I hope when she answers, she is looking him full in the face. I realize that FD won’t feel the effect, but it may help LA, who has undoubtedly seen all of those children cry over the loss of their mother.
 
I haven't seen the actual probate documents but my guess is based on the structure of what appears to be in place that the actual assets going through probate were personal items and the bulk of the estate was shielded via what appears to be a network of trusts (which wouldn't be subject to Probate in NYS as I understand it).

So, I'm not sure MT or FD would have found out much from these probate documents as the general goal is to minimise assets going through actual probate so far as I know especially in a high tax state like NY. But to me the idea that they would actually seek out such information tells me virtually everything I need to know about them too!

I believe we are aware of at least 2 trusts that JF had access to and this income allowed her the financial freedom to escape FD and 4Jx and provide for her 5 children in NC. But I'm not sure how much value there is for us here to try and investigate the Farber family assets and trusts etc. as I'm not sure IMO that this is in the spirit of 'victim friendly'. I'm good knowing that JF was blessed enough to have family wealth behind her as she sought to make a new life for herself and her children. Beyond this info I'm not sure I need to know any more.

We can only assume that the extreme effort that MT and FD put into unraveling the Farber wealth speaks to their possible nefarious motives in this sad and tragic case. It also is a simple reminder as to who MT and FD are as people (as if any here need such a reminder IMO).

For my money though, suffice to know that money was most likely the primary driver for MT and FD and that they simply wanted MORE and MORE and didn't want to work for a penny ever. They seemed to want a life of skiing in Miami, Greece and Vail and didn't want to spend any time on work, just pleasure and fun. And as we will no doubt see down the line MT and FD were willing to do just about anything to live their 'good life'.

We saw a MT even unable to exert the effort or the diligence to get a very simple brokers license which IMO is probably one of the easiest licenses to obtain with just a few hours of study. We saw FD pressing real estate agents hard to chisel just a bit more $$ out of each house sale so that it could be funnelled to MT. MT could not even do this much and get a simple real estate licence but yet she was ready/willing/able to simply SPEND SPEND SPEND money that she neither earned nor was entitled to as it was money IMO from the Farber family that represented 'ill gotten gains' from not paying the mortgage as was his legal responsibility and repaying loans from his father in law. In my mind I'm not sure the monikers 'side piece' or 'paramour' adequately describe the base nature of MT but it sure was interesting to see the questioning of Atty Weinstein just flay her open in the deposition questions as she seems no different than any number of homeless people panhandling around the world IMO.

At this point I'm not even sure if the questions need to be answered by MT herself as I think there is little doubt as to who she is and what all she has sadly done here. The release of the deposition questions told me what we can expect to see in court in the civil trial.

Atty Bowman speaks to the issue of 'presumed innocence" and sure in the abstract this is true for any accused person but the reality though is that so much has been put forward to indicate who/what MT is that spouting off about 'presumed innocence" is just trying to put 'lipstick on a pig' at this point IMO. But if Atty Bowman plans to put on a case in an attempt to defend MT then by all means do as Atty. P. said outside the courtroom, "bring it on" and I will be all ears!

I keep thinking about what Atty Bowman could possibly say to defend MT and sadly I'm not seeing much. In AW2 we saw MT actively involved with cleaning and disposal of cleaning items, bringing bags from 4Jx to 80 MS, actively participating in going to bank with FD, watching as FD paid for the EE truck cleaning and dropping off and picking up FD when dealing with the EE truck cleaning and then lying about it to LE and most clearly we saw IMO MT involvement and knowledge of what was going on when she played 'hide the truck keys' with EE truck. IMO MT knew what was going on and was involved EVERY step of the way in her dealings with FD.

In short based on the supposed evidence of Atty Weinstein and his PI and as clearly outlined in the deposition so artfully prepared by Atty Weinstin we see MT and FD as nothing more than high living and well traveled 'grifters' who spent over 3 years living off of funds that IMO they were not entitled to.

I believe the research on motives for murder are Sex, Money and Greed (don't recall the order). So, IMO its hard not to place "MONEY" and "GREED" at the top of the now growing list of "MOTIVE IDEAS" here.

MOO
bbm
Ironically, FD proves his motive, daily!

If he were to (gasp) work - at ANY job -, instead of trying to merely sell assets provided to him by JD's family money, then he'd at least have the APPEARANCE of trying to make an income. He doesn't even try.

He's simply continuing to live off of GF/HF's money by renting out the house THEY paid for, selling assets that were bought with JD's money, and possibly paying for attorneys either by CT taxpayer money (WHY ISN"T THIS KNOWN YET?) or by funds stolen from JD/GF/HF and stashed away.

You'd think he'd at least TRY to look like less of a criminal.

Nope!
 
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