Harassment, Stalking, Misconduct Voice recordings and GPS tracking

[cdmflet]

Some months ago I had very good reason to believe that my wife was having an affair. I installed a voice recorder and a GPS tracking device in her car in an attempt to obtain evidence of the affair. The automobile title is in my name. I am now being told that I have committed two federal crimes by installing these devices. I am told both are felonies and I am being threatened with prosecution unless I agree to give my wife (soon to be ex) a percentage of my business. I would like to know if the federal government ever prosecutes the crimes I have apparently commited when the recorder and GPS use happens between a husband and wife. I can understand prosecution when the parties involved are unrelated but could prosecution really occure when a husband knows darn well that his wife has lied to him and is probably having an affair and installs these devices in an attempt to obtain additional evidence of such. I have received a reply to this posting that says many of these items are state specific and that I should consult an attorney. I already know that no chargable crime has been comitted under state law. The issue here is whether the Federal Government would ever consider persuing charges given the domestic circumstances under federal law.

 

[presutin]

Cdmflet - the best advice one can give you here is for you to hire an attorney. Many of the issues raised by your posting are state specific and an attorney will be able to guide you and advise you if a crime was committed. Good luck to you!

 

[CdwJava]

Some months ago I had very good reason to believe that my wife was having an affair. I installed a voice recorder and a GPS tracking device in her car in an attempt to obtain evidence of the affair.

If there is such a lack of trust, this marriage is over anyway. Sounds like it is time to call it quits.

I am now being told that I have committed two federal crimes by installing these devices.

Told by whom? If a lawyer, you may be in trouble. Told by a neighbor who is not a fed or a lawyer, then take it with a grain of salt.

I am told both are felonies and I am being threatened with prosecution unless I agree to give my wife (soon to be ex) a percentage of my business.

So, your wife found out about your devices? Or is someone else demainding this be done on her behalf?

I guess that means the marriage is over?

I would like to know if the federal government ever prosecutes the crimes I have apparently commited when the recorder and GPS use happens between a husband and wife.

I'm not sure they would even if it was a crime. This is something that would likely be a state crime and would depend on the laws in your un-named state.

I already know that no chargable crime has been comitted under state law. The issue here is whether the Federal Government would ever consider persuing charges given the domestic circumstances under federal law.

I am hard pressed to think of a federal law that might apply here without stretching things. The feds do not usually get involved in penny-ante local domestic cases.

And, how are you certain that no state law has been broken? Have you consulted an attorney on the matter? I can think of a number of possible statute categories in any state that might apply in this circumstance. Your state might allow wiretapping by private parties, but most do not ... your car or not, if it is a vehicle used almost exclusively by her an expectation of privacy might apply and you might be in violation of some state law with regard to eavesdropping or wiretapping.

To be safe, you should consult an attorney familiar with your state laws and the federal law in this sort of thing.

- Carl

 

[cdmflet]

My wife went to the local police department in Savannah GA and they told her that the only GA law that might apply was one involving Stalking but they said that was too far a streach. They told her two federal statutes did apply and that both were felonies and they told her where she could go to have charges filed. I have a business. I make and sell a product. I have no employees and no business assets of any value to anyone but me. She told me that if I don't agree today to give her a percentage of my income forever, she will file charges and have me sent to prison. Frankly, I can't imagine a federal prosecutor investing any time on a domestic case like this but I don't want to be the first. Don't they call this extortion?

 

[CdwJava]

I am not sure of the elements of extortion (aka blackmail) in GA, but it could be. Generally, any threat to reveal damaging information (even criminal) unless paid off can be seen as extortion.

If the locals are not going to get involved, i cannot imagine that the feds would. She can certainly bring that up in divorce court and it could make you look bad. For your sake, I hope GA has no-fault divorces.

Oh, and if you go to the local cops about the extortion, then the whole GPS bugging thing will be in the open and someone with a little more knowledge than whoever she talked to might get involved ... I suspect that some state law has been broken, they just aren't excited about pursuing it.

How did she find out about this?

- Carl

 

[cdmflet]

My wife met with a Police Detective who determined that nothing could be done under Georgia law but his boss came in the room and provided her with the federal statutes that he said would apply. One statute applies to the recorder and one to the GPS. She found out about it because I heard her say "I can't do this anymore, I'm sorry" to whoever was in the car with her and I told her about the recording and asked her who she was talking to. All I got was a complete denial. Now we both want a divorce.

 

[CdwJava]

Sorry to hear about the divorce.

I still think there is probably something under state law they could hit you with if they looked hard enough, but, maybe not.

I can't imagine the feds would deal with it, either. Plus, unless she provided you with the statutes, she may be blowing smoke trying to get you to give in to her demands.

Yes, it's probably extortion. But, pursuing that crime will subject you to jeopardy for your own potential crime (be it federal or state).

As far as income for life, I suspect you'll be paying alimony for a long time anyway, so she'll likely get something. It's up to you whether you want to give her part of the business as a settlement or not.

You really need to consult with that divorce attorney. He or she can tell you how much liability you face in this matter, and what your best options might be.

- Carl

 

[cdmflet]

I really appreciate the information you have given me. As my wife makes a lot more money than I do, I don't know how much alimony I would have to pay. I work in my garage, I did all the shopping, cooking, dish washing, cleaning, meet my childrens teachers etc. She works, goes to the gym and watches TV. I have only one minor child left and he is now 15 years old. She is of course demanding custody and child support.

Anyway, thanks again for all your help
Dan

 

[CdwJava]

Well then, you may be okay.

I would still consult that attorney as you might still face the potential of criminal charges if she wants to press the issue. Like I said, I doubt the feds will get involved, but they might ... if an applicable federal statute has been broken.

- Carl

 

[cdmflet]

She is bringing me copies of the statutes that they gave her at the police department. She no longer lives with my son and I but she is going to come by to negotiate the percentage of my business that she demands I give to her. She says she is not greedy and she won't ask for more than 50 percent. I am considering crafting a short agreement stating that she intends to persue prosecution and that in exchange for not doing so now or ever in the future, I agree to give her XX percent of my business. I guess I would have to incorporate or create a partnership to do that. Anyway, if I understand it right, if she actually signs an agreement like that (and she probably would), she is guilty of extortion which in GA carries a minimum one year sentance. I also think the agreement would be voidable by me if I am remembering right from the business law class I took in college 30 years ago.

Anyway, thanks again

 

[sunshine77]

Under the federal privacy act no crime has been committed if you are not defaming or harrassing the complainant. You have every right to tag YOUR car no matter who has primary use, as a married couple all assets are joint anyway. You may have no standing in court with any voice recordings or tracking systems. How ever you didnt not commit a crime by applying these devices to your vehicle. They only gave you the moral and metal prove you needed to persue a divorce, let that be your reasonings for putting them on. As for custody of minor children 90% of hte time it will go to the maternal mother. However if you can prove that you have been the primary care provider for that child you may have a case on your side there. All in all I dont believe you committed and crime and comend you for taking the steps you did to end your pain..... She doesnt deserve any or part of your business and if she makes more then you then she will be the one paying out in the end....I am not an attorney just a divorced mother of three with a criminal law degree and went through something very similar I hope what I said helps a little good luck!!!

 

[cdmflet]

Dear sunshine

I thank you for your kind words. My wife visited me last night to give me a copy of the Federal Electronic Communications Privacy Act. Under this act it seems I can be punished with a fine or up to 5 years in jail. She has told me that she wants me to incorporate my business right now and give her "only" 49 percent of the stock. I must agree to her custody of our child and pay her child support. She will of course sign nothing saying she will not have me prosecuted now or in the future if she so desires. I must agree now or go to jail. I have decided not to agree. Somehow, I doubt the above act was created to be applied to domestic disputes and I can't imagine the federal government spending its money to prosecute me or bear the cost of putting me in prison but I will just have to take that risk. I make a product with my own two hands. I have sold more than 30,000 of them across the US and in Canada. My wife has never actually watched me make a single one and has never had any interest whatsoever in what I do. There is no living sole on this planet that could step up and replace me to make my product without me teaching them how. I don't make much money doing it but I intend to so I will be damned if I will succeed to her demands unless a judge forces me to do so. If that should ever happen, I will notify my dealers that I am done. I want to thank you, and the others who have commented on my situation, from the bottom of my heart and I wish you all well. Dan

 

[CdwJava]

You can read the statutes all day, but they do not tell the entire story. There is case law that modifies statutes, and real life practical issues that come into play. This is why you need to consult an attorney. What she is doing appears to be extortion, and you may not have committed a crime at all.

- Carl

 

[sunshine77]

I agree with you completely. She may be comitting a crime of her own "bribery"