The fun begins - SCA now asking for money back...

[blackcat]

7) Clinic 12 v Armstrong - ($1 billion)

How many lawsuits is LA facing?

1) London Times ($1.6 million)
2) SCA ($12.5 million)
3) Qui Tam (up to $90 million)
4) Acceptance ($3 million)
5) class action suit claiming false advertising by FRS sponsor (?)
6) It’s Not about the Bike – suit claiming the book made false claims (?)

7) Clinic 12 v Armstrong - ($1 billion)

8) employees- class suit for underpayment on services ($1 million)

More to come. Sponsors want their money back....

not sure about #8, sure is alot of money to pay for the services of a gentlemens club.

 

[sittingbison]

there are other sponsors than Nike.

I think class actions about the pack of lying drivel in "its not about the bike" and "every second counts" could be a huge case. And don't be surprised with a class action from those guys that paid $50k for a two hour ride with Lance (who rode away) and got a receipt for $10k

And what happened to #Doprahs indignation with Lance like when she crucified that blokes (name escapes me) "autobiography" that wasnt?

 

[Fatclimber]

there are other sponsors than Nike.

I think class actions about the pack of lying drivel in "its not about the bike" and "every second counts" could be a huge case. And don't be surprised with a class action from those guys that paid $50k for a two hour ride with Lance (who rode away) and got a receipt for $10k

And what happened to #Doprahs indignation with Lance like when she crucified that blokes (name escapes me) "autobiography" that wasnt?

Sally Jenkins. Live by the court, die by the court. He might be asking Hincapie for some cash by the time everything's settled. (Or a job from Floyd)

 

[frenchfry]

there are other sponsors than Nike.

I think class actions about the pack of lying drivel in "its not about the bike" and "every second counts" could be a huge case. And don't be surprised with a class action from those guys that paid $50k for a two hour ride with Lance (who rode away) and got a receipt for $10k

And what happened to #Doprahs indignation with Lance like when she crucified that blokes (name escapes me) "autobiography" that wasnt?

I think it was only $35K, if you are talking about the ride in Alberta.

 

[sittingbison]

I think it was only $35K, if you are talking about the ride in Alberta.

There were several in Canada. There was one article in particular around the time of the USADA charge letter and Judge Sparks that described one of these outings, including Lances behavior before during and after.

 

[wirral]

He'll do the bankruptcy thing that rich people do where they live like millionaires, seem to have a tremendous amount of money but are bankrupt according to a court.

I'm not a lawyer, can you tell?

 

[blackcat]

He'll do the bankruptcy thing that rich people do where they live like millionaires, seem to have a tremendous amount of money but are bankrupt according to a court.

I'm not a lawyer, can you tell?

you mean

except UBS accounts ensconced in the banking principality of Tour de Suisse positives

 

[Scott SoCal]

He'll do the bankruptcy thing that rich people do where they live like millionaires, seem to have a tremendous amount of money but are bankrupt according to a court.

I'm not a lawyer, can you tell?

Well, generally a person can't erase civil judgements involving fraud through bankruptcy.

If Lance loses these cases he has to pay them. The only assets he may have that would normally avoid the civil award are monies in tax qualified (retirement) accounts.

Whatever balance still owed on the awards will remain until paid, however long it takes.

 

[D-Queued]

Well, generally a person can't erase civil judgements involving fraud through bankruptcy.

If Lance loses these cases he has to pay them. The only assets he may have that would normally avoid the civil award are monies in tax qualified (retirement) accounts.

Whatever balance still owed on the awards will remain until paid, however long it takes.

Or death, or incompetency.

Dave.

 

[thehog]

How does one enforce the judgement to pay?

ie if SCA are awarded 12m then how do they extract the money from Mr. Armstrong?

 

[MarkvW]

How does one enforce the judgement to pay?

ie if SCA are awarded 12m then how do they extract the money from Mr. Armstrong?

You can garnish the defendant's wages with a writ of garnishment and you can get the sheriff to seize and sell the defendant's property with a writ of execution. Those are two of the most common things.

 

[thehog]

You can garnish the defendant's wages with a writ of garnishment and you can get the sheriff to seize and sell the defendant's property with a writ of execution. Those are two of the most common things.

Thanks.

Can you make arrangements to pay? ie 1m per year or 12m over 5 years? Something of that nature?

If he doesn't pay the money, does it become criminal or do you need to pursue it back through the civil courts?

 

[Fortyninefourteen]

How does one enforce the judgement to pay?

ie if SCA are awarded 12m then how do they extract the money from Mr. Armstrong?

Getting a judgement is one thing, and getting paid an entirely different thing. Appeals, motions, bla bla and then showing that you can't pay are all in the cards so get ready for the barforama that these suits can generate.

However, a judgement is a necessary first step in any recovery of funds so his best shot is still a backroom deal, which I believe are being vigorously worked on full time by several teams of lawyers at the moment.

 

[lactictac]

A judgment, as said, is merely a piece of paper entered with the court and various clerks who record it. You cannot deposit the judgment into your bank account.

Collection is another phase of any lawsuit and constitutes supplementary proceedings, post-judgment. Various traces, 3rd party subpoenas, interrogatories, examinations come into play with the judgment debtors and creditors, financial institutions, corporations, etc.

The judgment, if from a State in the USA, can be given full faith and credit in all other states. The same applies to federal judgments.

The judgment, at least in my State's jurisdiction, stands for 20 years and is renewable: 40 years.

And, interest runs the whole time, from date of judgment until collection and marshall fees are added.

 

[D-Queued]

You can garnish the defendant's wages with a writ of garnishment and you can get the sheriff to seize and sell the defendant's property with a writ of execution. Those are two of the most common things.

One can also garnisheed bank account funds.

Dave.

 

[blackcat]

One can also garnisheed bank account funds.

Dave.

not the anonymous Juan Pelota ACCT# in switzerland.

Gorski? APB for Gorski.

 

[MarkvW]

Thanks.

Can you make arrangements to pay? ie 1m per year or 12m over 5 years? Something of that nature?

If he doesn't pay the money, does it become criminal or do you need to pursue it back through the civil courts?

Arrangements to pay are possible, but I wouldn't think one likely in Lance's case because there may be multiple creditors (the USA, Acceptance, and Lance's lawyers come to mind) that may be competing for funds. The law doesn't favor transfers that prefer one creditor over another.

Ordinary civil judgments (except child support) never have criminal consequences in the USA. We left Newgate behind with King George III.

 

[thehog]

Arrangements to pay are possible, but I wouldn't think one likely in Lance's case because there may be multiple creditors (the USA, Acceptance, and Lance's lawyers come to mind) that may be competing for funds. The law doesn't favor transfers that prefer one creditor over another.

Ordinary civil judgments (except child support) never have criminal consequences in the USA. We left Newgate behind with King George III.

Thank-you.

Good information.

Assuming one winner here..... lawyers?

One further question. If you were to try and limit the financial damage would move money overseas or out it into trusts etc.? What's the best strategy to appear like you have no "cash"?

 

[MarkvW]

Thank-you.

Good information.

Assuming one winner here..... lawyers?

One further question. If you were to try and limit the financial damage would move money overseas or out it into trusts etc.? What's the best strategy to appear like you have no "cash"?

I'm thinking that the USA, Acceptance, and maybe the Times are going to get good judgments, or really good settlements.

The FRS argument is interesting. I seem to remember Roger Staubach and Fran Tarkenton (American football quarterbacks) taking financial hits for touting bad products on TV. Maybe a class action could be used to hammer Lance. In a class action like that, really only the lawyers make money. That case, and any similar cases, could become an expensive quagmire for Lance.

I wouldn't bet anything on SCA. They settled. They made their bed and now they have to sleep in it.

I don't see any of Lance's big sponsors suing Lance, because of the settlement agreements that came down soon after the USADA action. There may be sponsors who didn't already settle with Lance who are out there, though . . ..

The Lawyers are definitely going to win. Lance is going to be bleeding money out of his genitals as the lawyers stimulate him with sandpaper. It won't be pretty.

From now on, Lance would be ill-advised to do any money hiding. Taking a big civil judgment is one thing; going to prison is another. The feds will be watching him, that's my guess. I would expect that Lance has a nice exempt IRA set up, along with sweet trusts for his kids, but other than that I dunno . . .. Maybe somebody else knows the good legal ways of shielding money from judgments.

 

[reginagold]

From now on, Lance would be ill-advised to do any money hiding. Taking a big civil judgment is one thing; going to prison is another. The feds will be watching him, that's my guess. I would expect that Lance has a nice exempt IRA set up, along with sweet trusts for his kids, but other than that I dunno . . .. Maybe somebody else knows the good legal ways of shielding money from judgments.

The main simple one in Texas is your home. Up to 10 acres, the home, the pool, etc. Exempt from Bankruptcy at least.

 

[ChewbaccaD]

I'm thinking that the USA, Acceptance, and maybe the Times are going to get good judgments, or really good settlements.

The FRS argument is interesting. I seem to remember Roger Staubach and Fran Tarkenton (American football quarterbacks) taking financial hits for touting bad products on TV. Maybe a class action could be used to hammer Lance. In a class action like that, really only the lawyers make money. That case, and any similar cases, could become an expensive quagmire for Lance.

I wouldn't bet anything on SCA. They settled. They made their bed and now they have to sleep in it.

I don't see any of Lance's big sponsors suing Lance, because of the settlement agreements that came down soon after the USADA action. There may be sponsors who didn't already settle with Lance who are out there, though . . ..

The Lawyers are definitely going to win. Lance is going to be bleeding money out of his genitals as the lawyers stimulate him with sandpaper. It won't be pretty.

From now on, Lance would be ill-advised to do any money hiding. Taking a big civil judgment is one thing; going to prison is another. The feds will be watching him, that's my guess. I would expect that Lance has a nice exempt IRA set up, along with sweet trusts for his kids, but other than that I dunno . . .. Maybe somebody else knows the good legal ways of shielding money from judgments.

The funny part is that you continue to completely miss the entire point of the SCA complaint. All of those little sections of the settlement agreement you keep flouting are not relevant to extrinsic fraud. They aren't claiming the settlement agreement was procured by fraud. They are claiming his Tour de France wins were, and contractually, Armstrong has failed. They are right. The are also claiming, rightly so, that he was never winner of the Tour.

And please don't bring up the integration clause again, because it's clear you don't understand it or the implications contained therein.

As I said, when the complaint is NOT dismissed after Lance's attorneys make a motion to dismiss, you really should come in here and apologize. I won't hold my breath, but you really should.

 

[BroDeal]

It would be funny if he went bankrupt, hid assets, and went to prison for bankruptcy fraud like Lenny Dykstra.

 

[knewcleardaze]

Maybe some of the more knowledgeable on here can comment.
Didn't the Goldmans, Ron's parents win a 33 million civil, as in wrongful death suit from O.J. Simpson? I don't know if they have collected anything.
O.J. bought the house in Fla., which is protected from civil judgments.
O'J.'s in prison and still collects his NFL pension, yes?
I imagine he still has a pile of loot.

 

[mewmewmew13]

Maybe some of the more knowledgeable on here can comment.
Didn't the Goldmans, Ron's parents win a 33 million civil, as in wrongful death suit from O.J. Simpson? I don't know if they have collected anything.
O.J. bought the house in Fla., which is protected from civil judgments.
O'J.'s in prison and still collects his NFL pension, yes?
I imagine he still has a pile of loot.

Is he in jail for a long time?
Have not heard a peep....

Speaking of peep...not a tweet from lance for a while?

 

[MarkvW]

Maybe some of the more knowledgeable on here can comment.
Didn't the Goldmans, Ron's parents win a 33 million civil, as in wrongful death suit from O.J. Simpson? I don't know if they have collected anything.
O.J. bought the house in Fla., which is protected from civil judgments.
O'J.'s in prison and still collects his NFL pension, yes?
I imagine he still has a pile of loot.

The Goldmans were able to financially torment OJ. They took all his rights in his "If I did it" book, and they reduced him to trying to make his money in 'off the books' memorabilia shows (because OJ was a complete criminal and wasn't going to voluntarily pay a dime of the judgment). In the end his desire for illicit money prompted his robbery conviction.