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How can I cash my son’s check he has signed but he is in jail?
I can only speak for the UK as I know that US law varies from State to State and not just Federal.Providing he has not committed fraud, he can still have a current account, although it will be strictly monitored. Providing the income is legitimate and there is no foul play then he can have both current (cheque book) or deposit account.If he want’s you to draw cash from his current account or pay a bill if he has signed it and the account is not restricted, then it should not be an issue. Indeed he could make you an “authorised signatory”, which means although the account is in his sole name you can sign and draw cash, even pay bills on your behalf.There is a subtle difference between authorised signatory and joint account. The former normally has a ceiling threshold where they can only sign up to a certain amount and beyond that value can then be required to have the second signature as a confirmation. A joint account means that either party can sign to the value of the funds available on the account, although if one does sign a cheque which takes the account over the limit then whoever signs the cheque, it will be returned unpaid for lack of funds as much as the other who also signs a cheque and they are presented for payment at the bank at the same time with no funds available to cover both cheques they will be returned.Equally it may be that one cheque keeps the account in its limits and that will be honoured by the bank, but the second cheque (the one that take the account well over the limit) will be dishonoured by the bank.As for cashing a cheque which is not a joint account, then you would have to have the written authority of the account holder to cash that cheque, and the cheque made payable to either “bearer” or just “cash” and a value.That letter would have to be signed by the account holder and the name of the person who is their “agent”, has to countersign with the confirmation by the account holder that the signature is “true and accurate and authorised to sign for the value stated on this check” ; although that can be varied with “only for this transaction”, just so if there is foul play the would be person who has drawn the money with your consent on this occasion, can’t do so in the future.Before I took Power of Attorney of my late father’s affairs and he had needed money but not get to the bank, he would give me the restricted authority. When he was fully competent but wanted a large amount of money (£300) he had given me such a letter. The bank did telephone my father on his mobile which had switched on by his hospital bed to make sure I had not added and extra 0 or tampered with the letter.Unfortunately he deteriorated to the point where I did have to take full control of his finances and welfare by Power of Attorney, which he was just competent enough to sign. However things became complicated by the intervention of a third (unrelated to the family) party where I asked a Solicitor to take an “Enduring Power of Attorney”, such that she had absolute control over his affairs which in this case required that she secure and injunction and exclusion order against this third party, as well as taking Executorship of my fathers Will and final Estate. Although I had been nominated as the Executor before my father became ill and the complications the later followed, and I though it best that the Solicitor having a better knowledge of the finer points of Family Law take over.So even if your son was in prison and still had authority over the account either as co-signatory or your Co-signatory status outlined above, then he could draw what he requires, although as above I suspect it would be a small amount and may be required the authority of the Prison Warden/Governor.Be very careful as you can easily be sued for impersonation if you do not have either Power of Attorney, or you are not a signatory to the account. Whether your sone is in Custody or not.
Now that the Democrats have taken the House, if they request Trump’s tax returns from the Treasury (which they are allowed to do), will they get them or will Trump order the Treasury not to hand them over?
Who can get a citizen’s tax return is controlled by statute. Even the FBI investigating a crime cannot access tax returns without a court order - unlikely to be granted except in cases of tax fraud. IRC Section 1603 prohibits access to tax returns except in very limited cases.You are probably aware that the law protects your tax return information from disclosure to other parties by the Internal Revenue Service. IRC Section 6103 generally prohibits the release of tax information by an IRS employee. However, there are important exceptions that you should be aware of.IRC 6103(d) provides that return information may be shared with state agencies responsible for tax administration. The state agency must request this information in writing, and the request must be signed by an official designated to request tax information.IRC 6103(i)(1) provides that, pursuant to court order, return information may be shared with law enforcement agencies for investigation and prosecution of non-tax criminal laws.IRC 6103(k)(6) allows the IRS to make limited disclosures of return information in the course of official tax administration investigations to third parties if necessary to obtain information that is not otherwise reasonably available.IRC 6103(l)(1) provides that return information related to taxes imposed under chapters 2, 21, and 24 may be disclosed to the Social Security Administration (SSA) as needed to carry out its responsibilities under the Social Security Act. Chapter 2 relates to self-employment income and does not normally concern employers. Chapter 21 concerns social security and Medicare (FICA) tax, and chapter 24 deals with income tax withholding.The IRS may therefore share information with SSA about social security and Medicare tax liability if necessary to establish the taxpayer’s liability. This provision does not allow the IRS to disclose your tax information to SSA for any other reason. SSA employees who receive this information are bound by the same confidentiality rules as IRS employees. Therefore, they generally cannot disclose the information to a state social security administrator (SSSA), state officials or other Federal agencies.IRC 6103(e)(6) and (c) provide for disclosures to powers of attorney and other designees. If you are notified of an audit by the IRS, you may want to have someone other than the authorized officer of your entity represent you or participate in the meeting. You may bring any individual you wish into the discussion, in person or by telephone. You may give oral consent to speak with a third party if necessary to resolve a Federal tax matter. However, oral consent does not substitute for a power of attorney or a legal designation, and the discussion is limited to the issue for which the consent is given. To officially establish a legal representative, you must provide consent using one of the following forms:
What law was way more controversial than it should’ve been?
The USA Patriot Act. After the attacks of 9–11–01, the Bush administration submitted to Congress draft legislation designed to expand the powers of the government to surveil, investigate, and detain suspected terrorists. The senate bill, the Uniting and Strengthening America (USA) Act, was passed on October 11. The House measure, which included much of the text of the Senate’s USA Act, was passed on October 12 as the Uniting and Strengthening America (USA) Act. On October 23 the House introduced a compromise bill, the USA PATRIOT Act, which was passed the following day. The Senate adopted (98–1) the House bill without amendment on October 25, and the following day Bush signed the measure into law. Some key provisions of the legislation consisted of Amendments to the Wiretap Act (1968; amended 1986 and 1994), which had prohibited eavesdropping by the government on private face-to-face, telephone, and electronic communications except as authorized by court order in narrowly defined circumstances in cases of serious crimes. Sections 201 and 202 of the USA PATRIOT Act added computer and terrorist crimes to the list of serious offenses in connection with which law-enforcement officials could seek a court order to conduct eavesdropping. Section 209 established that voice mail was not entitled to the same protections that governed telephone conversations but only to the weaker safeguards applicable to telephone records and email stored with third parties (usually an ISP) In Section 210 the act added individual subscribers’ credit card or bank account numbers to records that could be obtained from a communication services provider through a subpoena. Section 216 permitted the use of trap-and-trace devices and pen registers which record the source and destination, respectively, of calls made to and from a particular telephone—to monitor electronic communications, understood to include e-mail and Web-browsing. Court orders for such surveillance did not require probable cause (a showing of facts that would lead a reasonable person to believe that the surveillance would be likely to uncover evidence of criminal activity by the target) but only a certification by the government that the information sought was likely to be relevant to a criminal Investigation. To facilitate cooperation between law-enforcement and intelligence agencies in cases involving terrorism, Section 203 allowed government attorneys to disclose matters before a federal Grand Jury (whose investigations are generally secret) to “any Federal law enforcement, intelligence, protective, immigration, national defense, or national security official” when such matters concerned “foreign intelligence or counterintelligence.” Section 213 authorized so-called “sneak and peek” searches, in which notification of the target is delayed until after the search has been executed. (The length of the delay must be “reasonable” but could be extended indefinitely for “good cause shown.”) Other provisions of the act made changes to the operation of the Foreign surveillance Surveillance Court (FISC), which was established by the 1978 Foreign Surveillance Surveillance Act (FISA) to authorize electronic surveillance (and later physical searches) targeting foreign powers or their agents. Section 218 removed the requirement that the government certify in its applications for surveillance authority that “the” purpose of the surveillance was to collect foreign intelligence information. Instead, it was sufficient that the government state that collecting such information was “a significant purpose.” In other changes, Section 215 removed a FISA provision that limited the types of records that the government, with a FISA court order, could require certain businesses to produce, replacing it with a general authority to demand “any tangible things” of any third party, including “books, records, papers, documents, and other items.” This section also imposed a gag order that generally prohibited third parties from disclosing the fact that the FBI had sought or obtained such things. A related provision, Section 505, authorized the FBI to issue subpoenas based on a certification that the information sought is relevant to a foreign intelligence or international terrorism investigation. Orders for such information, known as National Security Letters (NSLs), also imposed gag orders on their recipients. Other sections of the act permitted the FISC to authorize “roving” electronic surveillance, which could be carried out in any location and with any equipment (Section 206), and increased the number of judges on the FISC from 7 to 11 (Section 208).In other titles, the USA PATRIOT Act increased the powers of the Secretary of the Treasury to combat money laundering; tripled the number of border patrol, customs service, and Immigration and Naturalization Service (INS) personnel along the northern U.S. border; established new terrorism-related grounds for detaining or deporting foreign nationals or denying them admittance to the United States; expanded the definition of “material support” for terrorist organizations to include “expert advice or assistance”; and created new terrorist crimes, including attacking mass transit system. Finally, to allay the concerns of legislators who had questioned the constitutionality of some provisions, Section 224, titled “Sunset,” stipulated that 16 sections and two subsections of the act would cease to have effect on December 31, 2005.The USA Patriot Act is controversial because anyone could be targeted like a terrorist including a US Citizen and subjected to surveillance without due process. Some speculate that this was the act or law used to conduct a highly classified Counterespionage Operation against Trump and his staff.
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