NJSBA Family Law Section

Has anyone successfully argued that Sheraton applies to other "fraud" on the government?  For example, admitting that intentionally using another state's drivers license with an address not resided at in years, maintaining a residence in one school district and staying at a friend's residence in another district ~ 2 days per week in order enroll child in the other school district (and admitting it's purposeful in order to have the child attend the other school district).  I would really appreciate any case law that speaks to extending Sheraton beyond taxes. 

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Shelley Pedersen Esq.
241 Forsgate Drive
Suite 106
Jamesburg NJ
(732) 641-2069
[email protected]

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Original Message------

Has anyone successfully argued that Sheraton applies to other "fraud" on the government?  For example, admitting that intentionally using another state's drivers license with an address not resided at in years, maintaining a residence in one school district and staying at a friend's residence in another district ~ 2 days per week in order enroll child in the other school district (and admitting it's purposeful in order to have the child attend the other school district).  I would really appreciate any case law that speaks to extending Sheraton beyond taxes. 

------------------------------
Shelley Pedersen Esq.
241 Forsgate Drive
Suite 106
Jamesburg NJ
(732) 641-2069
[email protected]

------------------------------

No snag - I was typing on my small phone from the courthouse on a quick break and didn't notice auto-correct.  

As to the DL there is purpose and intent; he's lived in NJ for over 3 years so it's definitely not a temporary residence. And, I believe by law you have 30 days to change your DL address. 

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Shelley Pedersen Esq.
Jamesburg NJ
(732)641-2069

Original Message:
Sent: 07-07-2016 13:28
From: Shelley Pedersen
Subject: Regarding Sheraton

Has anyone successfully argued that Sheraton applies to other "fraud" on the government?  For example, admitting that intentionally using another state's drivers license with an address not resided at in years, maintaining a residence in one school district and staying at a friend's residence in another district ~ 2 days per week in order enroll child in the other school district (and admitting it's purposeful in order to have the child attend the other school district).  I would really appreciate any case law that speaks to extending Sheraton beyond taxes. 

------------------------------
Shelley Pedersen Esq.
241 Forsgate Drive
Suite 106
Jamesburg NJ
(732) 641-2069
[email protected]

------------------------------

Original Message------

No snag - I was typing on my small phone from the courthouse on a quick break and didn't notice auto-correct.  

As to the DL there is purpose and intent; he's lived in NJ for over 3 years so it's definitely not a temporary residence. And, I believe by law you have 30 days to change your DL address. 

------------------------------
Shelley Pedersen Esq.
Jamesburg NJ
(732)641-2069
------------------------------

Original Message------

Sheridan : for an example of a non-matrimonial case : All Modes Transport Inc. v. Hecksteden, 389 N.J. Super. 462 (App. Div. 2006) and

 

Sheraton : stolen hotel case?

 

 

Original Message------

FYI;  Recently had p.l motions before Judge B in which an issue was presented regarding rent subsidy entitlements arising from Superstorm Sandy damage to the parties' home in Toms River.  The certifications presented some issue as to whether or not the T.R. home was really the Wife's primary residence.  Judge B called for a phone conference, sent us a draft of a letter he wrote to the Atty Gen'l  referencing the possibility of fraud and gave us time to "work it out".   As it turned out, we couldn't "work it out" and my client was adamant that she did nothing wrong.  I then prepared a supplemental cert (after the motions were decided) to clarify her domicile/residence durng the applicable period and asked Judge to forward it as part of the record "if" he determined it was necessary to send materials to the A.G.

Bruce

 

 

Bruce Evan Chase, Esq.

Certified by the Supreme Court of New Jersey as a Matrimonial Law Attorney

Fellow of the American Academy of Matrimonial Lawyers

Chase & Chase, Esqs.

1 Atlantic Street

Hackensack, NJ 07601

201-343-6555

201-343-2658 fax

 

 

NOTICE: This e-mail communication and any attachments is sent by Chase & Chase, Esqs; it is privileged and confidential; it may include proprietary business information and trade secrets.  This e-mail communication and any attachments is protected from disclosure by the "attorney-client" privilege and other legal doctrine.  If this e-mail was sent to you in error, please notify me immediately by reply e-mail or by phone at 201-343-6555.  If you received this e-mail and any attachments because of an error destroy it immediately; you must not review it, disseminate it, distribute it, or copy it in any way; doing so is strictly prohibited by law. 

 

 

Original Message------

Here's my Sheridan questions...

1. I've seen five cases referred (via offical letter from a judge) to the AG / IRS / NJ Department of revenue. There was exactly zero follow up on any of them, even years later. Has anyone seen a referral to a tax agency or AG actually result in anything happening? And why would this be? I had a client retain a tax attorney .... three years later, he got his retainer back as nothing had happened.

2. Under Sheridan, when does a judge have to refer an issue? One judge, who is now is the App Div, used to refer it motion papers showed a probability of a crime / tax fraud (responsible for 3 of the 5 I've seen referred). Others have said they don't have to do so unless it's a hearing or trial where fact determinations are made that are inescapable. Which is correct?  (And perhaps if many judges are sending referrals over motions, it helps explain #1 - a flood of referrals?)




<x-sigsep>

</x-sigsep> David Perry Davis, Esq.
----------------------------------------------------
   www.FamilyLawNJ.pro
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112 West Franklin Avenue
Pennington, NJ 08534
Voice: 609-737-2222
Fax:    609-737-3222

Not to overstep, but I know for a fact that retired Judge T. Dilts wrote a lot of Sheridan letters. Maybe he'll chime in.

FYI: Nothing even happened to the Sheridans. It's like referencing Waterloo, if all Napoleon did was vacation there.

I've seen a lot of fraud and illegal activities -- always from the opposing parties [for the record] -- e.g. fraudulently giving oral authorization to do all sort of nefarious [love to fit that word in, almost as passionately as I am about desideratum]; signing joint tax returns; going through the other party's mail; not passing on the other party's mail [recent case]; cancelling car leases [pretending to be the other party]; renewing unwanted car leases [pretending to be the other party]; maintaining false addresses; geeze. The beat certainly does go on. None of it has come to anything and none of it was deflected to arbitration [if directed to Chuck Abut's arbitration, it would go the same way regardless. God bless you Charles, because I believe yours is the correct take].

Nothing's ever happened in the sequelae. Crap shoot, really. IMO

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Curtis Romanowski Esq.
Senior Attorney - Proprietor
Metuchen NJ
(732)603-8585

Original Message:
Sent: 07-08-2016 12:03
From: Katherine Dupuis
Subject: Regarding Sheraton

I have sent a number of letters to the Attorney General over the years and apparently nothing has happened. I was never contacted nor has any attorney mentioned to me that their client had issues as a result my letter. This includes areas of obvious fraud when sizable cash income was not reported.  I did teach a course one time and repeated what I just said and a judge in the audience said he actually had a revenue agent in his courtroom during one trial.

 

I am always extremely cautious when it comes to my client pointing (giving?) the Sheridan finger at/to the opposing party. First, hypothetically speaking of course, both parties may have been involved in the past Sheridan acts or omissions. They were usually a couple before they lost that loving feeling. More often than not, couples have intermingled finances.

And then there is the whole Pandora's box scenario. You are claiming I didn't report all the cash I received from my plumbing jobs? Well, how about the money you earned from babysitting all those kids? And, hey, now that I think about it, you were running a daycare and were not licensed. Really? You want to go there? How about if I tell the judge you had the woman you left me for pretend she was me and sign as your wife on that loan application?

Have a nice weekend everybody,

Anne

Anne Cralle, Esq.

Sent from my iPad


Original Message------

Not to overstep, but I know for a fact that retired Judge T. Dilts wrote a lot of Sheridan letters. Maybe he'll chime in.

FYI: Nothing even happened to the Sheridans. It's like referencing Waterloo, if all Napoleon did was vacation there.

I've seen a lot of fraud and illegal activities -- always from the opposing parties [for the record] -- e.g. fraudulently giving oral authorization to do all sort of nefarious [love to fit that word in, almost as passionately as I am about desideratum]; signing joint tax returns; going through the other party's mail; not passing on the other party's mail [recent case]; cancelling car leases [pretending to be the other party]; renewing unwanted car leases [pretending to be the other party]; maintaining false addresses; geeze. The beat certainly does go on. None of it has come to anything and none of it was deflected to arbitration [if directed to Chuck Abut's arbitration, it would go the same way regardless. God bless you Charles, because I believe yours is the correct take].

Nothing's ever happened in the sequelae. Crap shoot, really. IMO

------------------------------
Curtis Romanowski Esq.
Senior Attorney - Proprietor
Metuchen NJ
(732)603-8585
------------------------------

Anne makes a great point. Plus, as attorneys we have to be careful because we are not permitted to threaten to report a Sheridan issue in order to effectuate settlement. 

The case I'm dealing with is different because the party is solely responsible, and he testified that he purposely kept a different state's DL and purposely used a friend's address to enroll the child in that school district.

Re comments on judge's responses: I always love appearing before the judge in this case - super smart, great bs meter and always great about protecting the children.  Before the end of day 1 of the hearing she made sure her staff ran a DL abstract - no valid NJ DL + a warrant, so she took the appropriate action.

------------------------------
Shelley J. Pedersen, Esq.
241 Fosgate Drive
Suite 106
Jamesburg, NJ
(732) 641-2069
[email protected]

Original Message:
Sent: 07-08-2016 15:52
From: Anne Cralle
Subject: Regarding Sheraton

I am always extremely cautious when it comes to my client pointing (giving?) the Sheridan finger at/to the opposing party. First, hypothetically speaking of course, both parties may have been involved in the past Sheridan acts or omissions. They were usually a couple before they lost that loving feeling. More often than not, couples have intermingled finances.

And then there is the whole Pandora's box scenario. You are claiming I didn't report all the cash I received from my plumbing jobs? Well, how about the money you earned from babysitting all those kids? And, hey, now that I think about it, you were running a daycare and were not licensed. Really? You want to go there? How about if I tell the judge you had the woman you left me for pretend she was me and sign as your wife on that loan application?

Have a nice weekend everybody,

Anne

Anne Cralle, Esq.

Sent from my iPad

Original Message------

Here's my Sheridan questions...

1. I've seen five cases referred (via offical letter from a judge) to the AG / IRS / NJ Department of revenue. There was exactly zero follow up on any of them, even years later. Has anyone seen a referral to a tax agency or AG actually result in anything happening? And why would this be? I had a client retain a tax attorney .... three years later, he got his retainer back as nothing had happened.

2. Under Sheridan, when does a judge have to refer an issue? One judge, who is now is the App Div, used to refer it motion papers showed a probability of a crime / tax fraud (responsible for 3 of the 5 I've seen referred). Others have said they don't have to do so unless it's a hearing or trial where fact determinations are made that are inescapable. Which is correct?  (And perhaps if many judges are sending referrals over motions, it helps explain #1 - a flood of referrals?)




<x-sigsep>

</x-sigsep> David Perry Davis, Esq.
----------------------------------------------------
   www.FamilyLawNJ.pro
----------------------------------------------------
112 West Franklin Avenue
Pennington, NJ 08534
Voice: 609-737-2222
Fax:    609-737-3222