Will The “Son of Sam” Laws Apply to Teresa Giudice

Posted on Oct 6 2014 - 12:07pm by BeachSpin

Son of Sam Tre Giudice

As reality show stars Joe and Teresa Giudice shuffle back to their stolen mansion to enjoy their last few months as an intact family, there are still some questions that arise in the wake of Thursday’s sentencing. “The Real Housewives of New Jersey” stars are both headed to prison for numerous counts of fraud, and for hiding income and assets in their 2009 bankruptcy filing. As we all know, the reality stars’ modus operandi has been to hustle the reality star gravy train, and that raises a concern to the law abiding public, as to what their next money grubbing scheme could be. Bravo profits, books, bar swill, or maybe a slammer friendly hair care line, there’s no doubt that the hustlin’ wheels are probably already cranking in high gear. This is where the question of how the ‘Son of Sam’ laws might come into play.

These laws were designed largely to stop violent criminals from profiting from their misdeeds, but as NJ.com reports, that there is nothing on the face of the New Jersey law that would exempt white collar criminals such as the Giudices.  According to Stuart Green, a law professor at Rutgers School of Law and white collar crime specialist, this could mean that the victims of their crimes could seek to seize their profits.  The first ‘Son of Sam’ law passed in New York in 1977 to prevent killer David Berkowitz from cashing in by selling the media rights to his story. Over the years, the courts have whittled away at the specifics due to First Amendment violation concerns, because of the broad nature of the laws. The current version of the law, enacted in 2003, targets income “as a result of having committed the crime, including any assets obtained through the use of unique knowledge obtained during the commission of, or in preparation for the commission of a crime.”

teresa-giudice-crying

So in the Giudice case, they would have to truthfully spill the dirty details of how they committed the fraud, via an outlet such as a memoir, or television special in order for the profits to be seized under the law.  However, if they want to share in a more general way about their tragic family heartbreak, or life inside the Big House, the ‘Son of Sam’ law would not apply. Due to the fact that the Giudices are apparently allergic to honesty, and love to play the public sympathy card, this is NOT good news. Their demographic is probably already chomping at the bit to grasp onto whatever sad sack story they want to sell, and certainly don’t want to hear honest disclosure. As far as profits from the show, Green said that the Giudices could argue that they are not directly benefiting from the crimes, and that they are just plain celebrities. Teresa also joined the cast well before her criminal escapades surfaced, and never spoke willingly about them on camera.

It is also interesting to note that the ‘Son of Sam’ law isn’t invoked often, and was designed to compensate victims of crimes. While the Giudice fraud fest certainly has it’s victims…Wells Fargo, for example, is owed over $400,000 in fraudulent loans, they are not an individual. Green said that while the language of the law is broad enough for corporations to go after their money, there are very few precedents of corporations invoking the law.

 

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About the Author

I am a coastal girl who loves the outdoors, and writing about the sneaky and silly side of reality TV. My bio is short, but my snark is endless, and I love writing for the sharpest posters in the world. Follow me on Facebook

  • twifan2

    Thanks Beach Spin for that VERY interesting article! 🙂
    Informative!

    • KJ

      Hi twi!
      I totally agree!
      You KNOW she’s out there looking to sell to ANYONE or anyTHING that will listen, (including us) tehe!! LOL
      I do think the money should go to the people she owes the money to!

      • twifan2

        KJ!!!! 🙂
        How are you? How’s your daughter? The fam? Hope all is good with you & yours! 🙂
        Chats & I are doing ok. Just riding out the storms over here. 😉

      • ✿❀❁ Tigerlily ❁❀✿

        Hi Honey! Hope you & Alex & the family are all doing well. Happy Monday? LOL!
        Hope all her creditors go after her & the money they are owed by any means necessary.

  • WestCoastFeed

    Interesting, thanks. But does it make any difference? Isn’t every paycheck they see for years to come going to be garnished anyway to pay off all those creditors?

  • September24

    Considering she was already on reality tv, endorsing products, and writing cookbooks I just don’t see how this would be profiting from a crime. She would simply be going back to work.

  • twifan2

    IF Tre followed Juicy to Italy, would any publishings, video media, etc… she makes over there be ‘free’ from the Son of Sam laws?

  • Trippinhhard

    Thanks for the detailed article—they need to have every dollar they earn .50 should go toward their creditors. Teresa will try so hard to not pay anything back. SMDH

  • TartLemon

    IMO, Teresa doesn’t have the star power to be relevant after being out of the public eye for a year. Who’s going to care? Everything the ‘celebrity’ was based on was STOLEN. Teresa was not the ‘star’. The lifestyle was.

    • italiano bambino

      Only a few percent of the us population watch the housewives other than that. I dont see her been on top… more like dust fading away.

      • Babson_Chick

        Hi bam!! I agree & think we’ve got a lot of crap coming yet – will the girls go wild with 1 parent in Big House & the other up next

        • ✿❀❁ Tigerlily ❁❀✿

          Hi’ya Babs! How ya been? Hope all is well.
          “Will the girls so wild with 1 parent in Big House & the other up next? Not sure Milania could get much wilder if she were infected with rabies!

          • Babson_Chick

            HI Tiger!! It’s been awhile. Yes doing great thanks!! What’s up with you?
            LOL I wish these girls could come to my “kids boot camp” – I’d “learn um”

  • TheBeverlyHillsHaveEyes

    LOL “allergic to honesty”. They really are. Teresa breaks out in a sweat at the mere thought of it. I saw the clip of their WWHL interview and she is still lying even now. They are still not acknowledging their part in all of this. She’s now trying to make out that her downfall is her lack of legal knowledge when signing business contracts!

    • Babson_Chick

      Exactly!! that’s why I gave up on her a loooooooonng time ago. Can’t handle a moron like her. (getting my wine chilled before the show tonight)

      • TheBeverlyHillsHaveEyes

        I think she actually must have some psychological problem. It’s just to hard to see how a normal mind can continue to think she can pull the wool over everyones eyes!

        • Babson_Chick

          I agree & question if she’ll ever get IT!!

  • Babson_Chick

    Page Six is saying that BRAVO paid $300,000+ for the one on one enterview.

  • Norrth

    I’m betting they’ll have the girls, or another family member, front a tell all book.

  • ✿❀❁ Tigerlily ❁❀✿

    10 minutes in to it & I want to punch the ever lovin’ shit out of her!

    • twifan2

      Hold me back, T-Lily!
      Chats walked in front of the tv & lifted his leg! 😮

      • ✿❀❁ Tigerlily ❁❀✿

        OMG Twi! I am livid! Absolutely livid! This beyoch stil doesn’t get it! She’ll never get it!

        • twifan2

          No! Nope! Idiot! >(

          • ✿❀❁ Tigerlily ❁❀✿

            She is beyond stupid! There is no word in the English language to describe the quantity of stupid that resides in this one human being!
            I am fuming! Literally fuming at her!

          • twifan2

            She’s Treass!
            I hope Big Bertha learns her somes intelligents! :/

          • ✿❀❁ Tigerlily ❁❀✿

            The out & out lying continues! The BS she & Joe are spewing makes me physically ill. The blinking, the licking of the lips, touching the face, all these tell tale signs of lying & concealment!
            Andy: You were taking out FALSE loans.
            Joe: Alright whatever. False loans.
            Alright whatever?
            What the ever lovin’ FACK!!!

          • twifan2

            ‘I pay my taxes. I always pay my taxes’???? Bitch PLEASE! The judge brought the fact that she didn’t claim her designer clothes! BECAUSE Tre thought you didn’t have to on USED clothes! JUST STOP the stupidity! >(

          • ✿❀❁ Tigerlily ❁❀✿

            What do you think they will have to lose before they finally cop to what they did?
            I don’t think they will ever own up to their criminal behavior.
            It absolutely amazes & distresses me, all at the same time.
            I truly am flabbergasted & incensed at her gall & arrogance or is that ignorance? Idk?

          • twifan2

            Ok, she always says she’s a ‘smart’ business woman. Just ask The Donald. :/
            She can’t have it both ways when it suits her!
            It’s gall & arrogance!

          • ✿❀❁ Tigerlily ❁❀✿

            On one hand they are so cunning & devious & on the other they are so ignorant & just plain stupid.
            It’s funny I was flipping channels & stopped when I hit Law & Order, the original series with Jerry Orbach. & it was an episode where there was a “Mob-Boss” who was pretending to be crazy in order to avoid prosecution. Allegedly based on the infamous NYC Mafia Don Vincent ‘The Chin’ Gigante. & I thought to myself what a devious facker. Similar mentalities there.

          • twifan2

            Chats’ agreeing! 🙂

          • twifan2

            You watching Part 2?
            I just listened to it-had it in the background. Chats kept swiping at the screen! :/

          • ✿❀❁ Tigerlily ❁❀✿

            It was part one repeated. part 2 is Thursday, I think.

          • twifan2

            STUPID Juicy! >(
            I gave her to sign whatever the bank gave me to have signed—->RIGHT! The banks gave Juicy & Tre forged W-2 forms, pay stubs,…
            STOP! >(

          • ✿❀❁ Tigerlily ❁❀✿

            I just basically said the same thing. How can they continue to gloss right over what they did?!?!?!
            This was another huge mistake on their parts! HUGE!

          • twifan2

            JUDGE SALAS!!!!! I want to report PERJURY!!!!! >(

          • ✿❀❁ Tigerlily ❁❀✿

            FFS! Truth!!! ^^^^

    • Harleygirl0685

      This is what I heard her say…my lawyers were incompetent!!!! They didn’t guide me right….can they appeal?

      • twifan2

        They signed off to what the judge was to sentence them when they plead guilty last March.
        They can try & appeal. but almost impossible to get a lighter sentence. PLUS, they’ll just be wasting more $$$.

        • Harleygirl0685

          Gotcha !!!! I don’t know what I was expecting, but I do know it wasn’t what I watched !

      • ✿❀❁ Tigerlily ❁❀✿

        Harley the outright lying, the pretend ignorance & stupidity just makes me want to physically assault her. I want to slap her so hard it snaps her right back into sanity! She literally causes an autonomic physical response in me. She makes me feel instantaneously nauseous & angry.I actually caught myself grinding my teeth & my hands were clenched into tight fists. That interview & their responses, or BS responses just infuriated me.

  • twifan2

    SMDH at the Juicys!
    ‘Lie, lie til you die!’ <–They need to sell t-shirts with this on them! :/

    • Harleygirl0685

      That interview was bull fkn shit!

      • twifan2

        Hi Hi Harleygirl! 🙂
        Could it had gotten any deeper?! :/
        No hope for them!