Found Deceased WY - Gabrielle ‘Gabby’ Petito, 22, Grand Teton National Park, 25 Aug 2021 #82

[jjonez]

Gabrielle’s vehicle was recovered here in North Port at her home on September 11th," police said in the news release. "A home shared with her boyfriend Brian Laundrie and his parents. That vehicle was fully processed for evidence along with FBI agents Tuesday evening."

https://kutv.com/amp/news/local/boy...by-petito-was-reported-missing-police.com-say

bbm

Also good info for the timeline thread. Moo

 

[NCWatcher]

Violating a contract is not the same thing as committing a crime. If she let him use the card historically, that can be raised as a defense, but that doesn't necessarily succeed. Especially if she was dead at the time of the facts underlying the charge for use of an unauthorized access device.

And the "device" as used in the cited law = card or PIN, not the phone.

Thanks. I wasn't suggesting GP committed a crime but she would have been "the wrongdoer" in @CharlestonGal's first scenario.

So what's the difference between 15 U.S. Code § 1644 and 18 U.S. Code § 1029?

JMO

 

[oviedo]

Thank you! I’ll add it if I can, if not @oviedo please do.
I also was going to list that on each of these days LE was also at the house according to the incident reports posted by Fox News, but I wanted to be accurate and link them. (I’m having some technical problems posting, is anyone else?)
Thank you for your response about the BL sighting! I am not finding it anywhere either. LE did say they were looking into it…then silence.

I will work on these additions
thanks all

 

[Which_pancake]

<modsnip: Quoted post was removed> SB imo has acted like a bozo in the media, but I'm not positive he was legally representing BL, that's really not clear to me, and at the point he did come to represent the Laundries at the time the van was towed away, BL had committed no crime, and it was only days later when he disappeared was he even named a POI.

SB is and has acted bizarrely, but imo he was just a distraction, his client's the Laundries hadn't committed a crime but it certainly could have become a legal matter having Gabby's van in their driveway without Gabby being present. JMO

I can certainly see why SB is disliked, but I fail to see how he has been a bad lawyer for his clients. His job is to protect his clients from legal action, not protect them from public scorn. Given that his clients have as of yet not been charged with anything, I think he has done his legal job well. MOO

 

[Jo in Calif]

This lines up with the warrant for the search of the van issued on 9/14 (Tuesday) @Nikynoo also posted it was issued at 7pm, but LE had possession of van since 9/11. Was there a warrant for them to remove the van from the house?

I think it might apply that an officer may seize evidence without a warrant if an officer is on the premise lawfully and the evidence is in plain view.

 

[Chicago54]

More on the

I will work on these additions
thanks all

thank YOU!

 

[CharlestonGal]

Thanks. I wasn't suggesting GP committed a crime but she would have been "the wrongdoer" in @CharlestonGal's first scenario.

So what's the difference between 15 U.S. Code § 1644 and 18 U.S. Code § 1029?

JMO

15 USC 1644 deals with credit cards. This case involves the use of access devices to bank accounts - a debit card and pin. It's not related to credit card fraud. jmo

 

[Which_pancake]

DBM

 

[cady]

Remember, North Port wouldn't file a missing report for Gabby because, as the Chief said, she changed her residence from FLA to NY. So, perhaps the van was impounded because the van belonged with the owner, Gabby, who had been declared a missing person out of NY. (could NY have issued the warrant, if there was one?) Just a thought. JMO
We know her dad was very angry about Brian having Gabby's van. May have nudged NY to insist on a warrant to impound...or just impound it!

 

[NCWatcher]

15 USC 1644 deals with credit cards. This case involves the use of access devices to bank accounts - a debit card and pin. It's not related to credit card fraud. jmo

Got it! Thanks. I keep reading "credit card" various places including in some WS posts. Thanks for the reminder it's not that.

I am still a bit confused though about what he's supposed to have done. The indictment lists a debit card and a PIN for two different accts. Is the idea he used the debit card and PIN to access two accounts? Seems people kept posting about 3 accounts. If so does that mean the same PIN and debit card accessed 3 different accounts? I'm trying to picture how that works in actual usage with even 2 accts outside of the bank. Thanks.

JMO

 

[Which_pancake]

Got it! Thanks. I keep reading "credit card" various places including in some WS posts. Thanks for the reminder it's not that.

I am still a bit confused though about what he's supposed to have done. The indictment lists a debit card and a PIN for two different accts. Is the idea he used the debit card and PIN to access two accounts? Seems people kept posting about 3 accounts. If so does that mean the same PIN and debit card accessed 3 different accounts? I'm trying to picture how that works in actual usage with even 2 accts outside of the bank. Thanks.

JMO

The way the warrant reads to me is that there was one debit card and one PIN that were tied to two accounts, so maybe the debit card went to one account and the PIN to the other? I don't think there were 3 accounts. MOO

(Here is where I read the warrant Read the documents: Brian Laundrie arrest warrant"

 

[cady]

dbl dbm

 

[NCWatcher]

The way the warrant reads to me is that there was one debit card and one PIN that were tied to two accounts, so maybe the debit card went to one account and the PIN to the other? I don't think there were 3 accounts. MOO

(Here is where I read the warrant Read the documents: Brian Laundrie arrest warrant"

Thanks. That make sense. I never thought there were 3 accounts but some people seemed so sure!

So to use/get $ from the acct with the debit card you would use the card and PIN. Very common way to access an acct. How is the other account accessed? With just a PIN? I'm not understanding that unless somehow her phone was involved. What am I missing?
JMO

 

[Which_pancake]

Thanks. That make sense. I never thought there were 3 accounts but some people seemed so sure!

So to use/get $ from the acct with the debit card you would use the card and PIN. Very common way to access an acct. How is the other account accessed? With just a PIN? I'm not understanding that unless somehow her phone was involved. What am I missing?
JMO

I wonder about a phone coming into play too - maybe she had Apple pay or something? Or maybe some kind of online purchase? This is all way beyond my knowledge! JMO

 

[r131313]

The way the warrant reads to me is that there was one debit card and one PIN that were tied to two accounts, so maybe the debit card went to one account and the PIN to the other? I don't think there were 3 accounts. MOO

(Here is where I read the warrant Read the documents: Brian Laundrie arrest warrant"

A debit card can be tied to more than one acount at the same bank. When I use my debit card for a purchase, it defaults to my checking account, but I can go to the ATM and get money from either my checking or savings accounts.

 

[Sassafrass]

<modsnip: Quoted post was removed> ... SB imo has acted like a bozo in the media, but I'm not positive he was legally representing BL, that's really not clear to me, and at the point he did come to represent the Laundries at the time the van was towed away, BL had committed no crime, and it was only days later when he disappeared was he even named a POI.

SB is and has acted bizarrely, but imo he was just a distraction, his client's the Laundries hadn't committed a crime but it certainly could have become a legal matter having Gabby's van in their driveway without Gabby being present. JMO

He has stated he was representing BL. Misrepresenting that would be egregious.

 

[Sassafrass]

Thanks. I wasn't suggesting GP committed a crime but she would have been "the wrongdoer" in @CharlestonGal's first scenario.

So what's the difference between 15 U.S. Code § 1644 and 18 U.S. Code § 1029?

JMO

Perhaps I was thrown off by the use of "guilty" in your OP . But either way, whatever the private contract says, it's unlikely that would have any bearing on criminal charges against an unauthorized person who used her card/accessed her account (in particular after her death). The bank does not have to push for prosecution for it to be brought (and if this were another scenario with a live defendant, the bank surely wouldn't refuse to provide information requested by prosecutors merely bc the cardholder let (or didn't prevent) another person know her pin or borrow her card).

 

[CharlestonGal]

Got it! Thanks. I keep reading "credit card" various places including in some WS posts. Thanks for the reminder it's not that.

I am still a bit confused though about what he's supposed to have done. The indictment lists a debit card and a PIN for two different accts. Is the idea he used the debit card and PIN to access two accounts? Seems people kept posting about 3 accounts. If so does that mean the same PIN and debit card accessed 3 different accounts? I'm trying to picture how that works in actual usage with even 2 accts outside of the bank. Thanks.

JMO

Yes, I keep seeing references to credit cards, too. I think that came from faulty reporting on MSM.

A debit card is attached to a default account, typically checking. When you use the card at a gas pump, online shopping, a restaurant, it automatically draws from the default account. At a physical ATM, you can use that same debit card to draw from other linked accounts at that same bank, for instance a savings account.

The indictment states he used a pin to access two accounts, so 1 checking and a linked savings makes sense. jmo

 

[Sassafrass]

Got it! Thanks. I keep reading "credit card" various places including in some WS posts. Thanks for the reminder it's not that.

I am still a bit confused though about what he's supposed to have done. The indictment lists a debit card and a PIN for two different accts. Is the idea he used the debit card and PIN to access two accounts? Seems people kept posting about 3 accounts. If so does that mean the same PIN and debit card accessed 3 different accounts? I'm trying to picture how that works in actual usage with even 2 accts outside of the bank. Thanks.

JMO

Most people (ime) have multiple linked accounts. I can access my checking, savings, mortgage, equity line, reserve line, rewards, and credit cards, as well as my underaged child's accounts for which I am a co-owner, via app, site, debit card used at atm, etc.

 

[Sassafrass]

Yes, I keep seeing references to credit cards, too. I think that came from faulty reporting on MSM.

A debit card is attached to a default account, typically checking. When you use the card at a gas pump, online shopping, a restaurant, it automatically draws from the default account. At a physical ATM, you can use that same debit card to draw from other linked accounts at that same bank, for instance a savings account.

The indictment states he used a pin to access two accounts, so 1 checking and a linked savings makes sense. jmo

Also, typical overdraft protection will auto draw from a linked account - most commonly savings, or could be a reserve line or something else entirely.