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Divorce & Hidden Money: Evading Child Support By Going Offshore

By Fred Abrams
June 28, 2020
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One of the worst child support cases I know about is Janet O. v. James O., slip op. 51985 (Sup. Ct. N.Y. County, October 17, 2006). The ex-husband in Janet O had not made any child or spousal maintenance support payments for 30 years. By moving from New York and living offshore in Barbados, the Dominican Republic and Mexico, the ex-husband evaded enforcement proceedings on behalf of his ex-wife & their 3 sons. Consequently, the ex-wife and their 3 sons were relegated to poverty and public assistance.

Meanwhile, the ex-husband remarried and adopted his new wife’s 2 daughters.  Ultimately, the New York court referred the Janet O matter to federal prosecutors. When a parent moves offshore to evade child support, federal prosecutors may bring a criminal case pursuant to the Child Support Recovery Act at 18 U.S.C.§ 228 et. seq. A parent criminally charged with violating 18 U.S.C.§ 228 hopefully has an additional incentive to pay child support.

Elements of A Case Under 18 U.S.C. § 228 (a)(2)

18 U.S.C. § 228 (a)(2) covers a parent who crosses state lines or leaves the country in order to evade child support. A violation of 18 U.S.C. § 228 (a)(2) is punishable by up to two years imprisonment and by a fine up to $250,000. To show a defendant violated 18 U.S.C. § 228 (a)(2), a federal prosecutor would prove these elements at trial:

  • the defendant traveled in interstate or foreign commerce with the intent of evading child support obligations;
  • the defendant had a past due child support obligation exceeding $5000;
  • and the obligation is unpaid for more than a year.

Additionally, a prosecutor may use Federal Rule of Evidence 404 (b) to supply evidence at trial about the defendant’s: motive; opportunity; intent; plan; etc. For example, pursuant to Rule 404 (b) a prosecutor might show the jury the defendant’s tax returns to prove the defendant could have paid the child support obligation.

U.S.A. v. Juelle-Albello

Like the ex-husband in Janet O, Mr Juelle-Albello was accused of moving offshore to evade child support. In U.S.A. v. Juelle-Albello, federal prosecutors indicted Mr. Juelle-Albello for his suspected violation of 18 U.S.C. § 228 (a)(2).  Mr. Juelle-Albello married Diana Umpierre in Puerto Rico on 11/8/1991. On 6/26/2007 Mr. Juelle-Albello and Ms. Diana Umpierre were divorced.  Among other things, Mr. Juelle-Albello was suppose to pay $13,893.81 a month for child support through the Puerto Rico Child Support Administration (“ASUME”). As of June 2018 Mr. Juelle-Albello’s outstanding debt to ASUME reportedly was $1,868,012.50.

According to federal prosecutors, Mr. Juelle-Albello made no payments to ASUME from July 2013 to June 2018. Instead of making the payments, Mr. Juelle-Albello moved to Florida in 2011 where he lived with his new wife and new daughter. Then during 2014, Mr. Juelle-Albello left the U.S. for Mexico. However, in July 2018 Mexican authorities placed Mr. Juelle-Albello in U.S. custody by deporting him pursuant to an arrest warrant in U.S.A v. Juelle-Albello. The list of evidence prosecutors intended to use at Mr. Juelle-Albello’s trial included: Mr. Juelle-Albello’s record of payments to ASUME; court orders from the Court in Bayamon, Puerto Rico; Snapchat photos; etc. On 8/12/2019 Mr. Juelle-Albello pleaded guilty to violating 18 U.S.C. § 228 (a)(2). Mr. Juelle-Albello’s sentencing is now set down for 7/21/2020.

Copyright 2020 Fred L. Abrams

Photo of Fred Abrams Fred Abrams

Fred L. Abrams has located tens of millions of dollars hidden in offshore tax havens and filed legal proceedings in Zurich, Geneva, Tel Aviv, Amsterdam and Puerto Rico to seek discovery from foreign bank witnesses. A member of the New York bar since…

Fred L. Abrams has located tens of millions of dollars hidden in offshore tax havens and filed legal proceedings in Zurich, Geneva, Tel Aviv, Amsterdam and Puerto Rico to seek discovery from foreign bank witnesses. A member of the New York bar since 1990, he has handled a wide variety of legal matters in which assets were hidden, such as RICO, money laundering, identity theft and tax fraud.

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  • Posted in:
    Financial
  • Blog:
    Asset Search Blog
  • Organization:
    Fred L. Abrams, Attorney At Law
  • Article: View Original Source

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