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Getting arrested at your co-op -- consequences?

Started by mucuk
over 13 years ago
Posts: 79
Member since: Mar 2009
Discussion about
Various newspapers today have pictures of one of the SAC portfolio managers being loaded into a car in handcuffs right in front of his co-op building, with the awning/street number in full view. http://online.wsj.com/article/SB10001424127887324685104578390023688221236.html?mod=WSJ_hps_LEFTTopStories Do you think the co-op board can/will do anything in response to this resident attracting negative media attention to the building?
Response by pier45
over 13 years ago
Posts: 379
Member since: May 2009

Have you read Bonfire of the Vanities?

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Response by NWT
over 13 years ago
Posts: 6643
Member since: Sep 2008

There're a few conditions under which the co-op can terminate the proprietary lease and evict the shareholder. Just getting arrested isn't one of them.

Almost all proprietary leases have an objectionable-conduct clause. E.g., two-thirds of the shares would have to agree to terminate the lease if the lessee repeatedly breaks the house rules, or was found to "permit or tolerate a person of dissolute, loose or immoral character to enter or remain in the building or apartment." That hardly ever happens.

I suppose being convicted would qualify, but by then the U.S. would've taken possession of the shares, evicted the lessee, and sold the place, anyway.

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Response by NWT
over 13 years ago
Posts: 6643
Member since: Sep 2008

Here's the apartment as it was when they bought it in 2009: http://streeteasy.com/nyc/sale/357609-coop-885-park-avenue-upper-east-side-new-york

I like the gallery ceiling.

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Response by Truth
over 13 years ago
Posts: 5641
Member since: Dec 2009

Very nice. I like the bookcase. How much do you think it will sell for at auction?

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Response by NWT
over 13 years ago
Posts: 6643
Member since: Sep 2008

The last few I noticed were sold through brokers. Madoff's and Dreier's were like that, IIRC.

For cars and guns and stuff they'll go to auction right away (judging by the U.S. Marshal's ads in the paper) but for a big-ticket thing they'll want more exposure.

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Response by alanhart
over 13 years ago
Posts: 12397
Member since: Feb 2007

Good qUestion.

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Response by rb345
over 13 years ago
Posts: 1273
Member since: Jun 2009

NWT:

Getting arrested for securities fraud doesnt justify termination of
a shareholder's lease under Pullman, and conviction wouldnt either.

The same is true for committing mass murder, as long as the murders
are committeed off premises and do not involve coop owners.

... ont he other hand, harboring a dog

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Response by NWT
over 13 years ago
Posts: 6643
Member since: Sep 2008

Right, that's what I said re: arrest. I guess they could try if the guy's convicted, but then the government wouldn't let his wife keep the apartment anyway, so it won't come to that.

Right too, that breaking dog rules trumps everything but price-gouging on kiddie porn. (I've been waiting 20 years to recycle that line from alt.tasteless....)

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Response by dwell
over 13 years ago
Posts: 2341
Member since: Jul 2008

or harboring an illegal washer/dryer.
probly get probation for not covering 80% of floors.

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Response by uwsbeagle
over 13 years ago
Posts: 285
Member since: Feb 2012

In the Madoff case wasn't it the govt which confiscated and sold his co-op? I don't think it was the co-op itself which liquidated him.

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Response by NWT
over 13 years ago
Posts: 6643
Member since: Sep 2008

Yes, the U.S. took the apartment and sold the shares, with the buyer being vetted by the co-op, as usual.

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Response by greensdale
over 13 years ago
Posts: 3804
Member since: Sep 2012

C0C0 were you still in your co-op at the time or had you moved to the rental already?

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Response by Aaron2
over 13 years ago
Posts: 1722
Member since: Mar 2012

Nice floorplan, though I'd like to see a half-bath off the central gallery hall, rather than the only 'public' one being through the library. Shared bath between the 2nd & 3rd BR is a compromise, and too bad it doesn't have a window, but there's not a lot to dislike in this floorplan.

If he's convicted and can pay the fine out his other assets, he'll keep the apartment. It's an insider trading charge, not defalcation.

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Response by Truth
over 13 years ago
Posts: 5641
Member since: Dec 2009

NWT: Madoff had a lot of stuff. This guy probably doesn't have Madoff-level stuff.
Maybe if he can pay the fine by selling assets he can keep the apartment and get the stink-eye from the Board.

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