To make a long story short my Dad was convicted by the federal government for a kickback scheme. He got 1 year and jail and a large 100,000.00 fine. My Dad has some land that he wants to sell. If the land sells will the money go to the goverment? Thanks in advance. Sorry if this question is in the wrong place or is too vague.
You, or more correctly, your dad, needs to talk to an attorney IRL. I’m assuming he knows at least the attorney who defended him in the prior procedings, who can provide a better answer than an internet message board.
Your dad does need to talk to an attorney. However, here’s a couple of his better bets for avoiding the money going to the government (not that I think they will work):
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If he is a resident of Florida or Texas and he lives on the land then it is his homestead. He might be able to declaire a Chapter Seven, and keep the land (selling it afterwards).
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It may be possible to transfer the assets to a so called irevokeable trust in the name of someone else. However, I think that this usually only works if done before the liability was created.
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Perhaps he could lease rather than sell the land outright. In this case he might be able to treat the lease revenues as income in which case only a percentage of the revenues would be taken.
Hopefully, some attorneys specialized in this area will respond since being a congenital weasle I am always on the look out for inventive ways to avoid responsibilities. Heck, I was even rooting for Scott Peterson and OJ to get off!
If your dad has raised parsley on the land, then, yes, the sale may be garnished. It’s the same with pineapple and orange slices.