# Question about Jussie's boys **URL:** \ **Category:** Factual Questions\ **Created:** [February 27, 2019, 12:43am UTC](https://boards.straightdope.com/t/question-about-jussies-boys/830264 "2019-02-27T00:43:52Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Enola\_Gay](https://avatars.discourse-cdn.com/v4/letter/e/3ab097/32.png) [@Enola\_Gay](https://boards.straightdope.com/u/Enola_Gay)\ **Post date:** [February 27, 2019, 12:43am UTC](https://boards.straightdope.com/t/question-about-jussies-boys/830264/1 "2019-02-27T00:43:52Z")
Do Jussie Smollett’s accomplices/the Osundairo brothers get to keep the $3,500? ---
**Author:** ![Darren\_Garrison](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/darren_garrison/32/92_2.png) [@Darren\_Garrison](https://boards.straightdope.com/u/Darren_Garrison)\ **Post date:** [February 27, 2019, 1:32am UTC](https://boards.straightdope.com/t/question-about-jussies-boys/830264/2 "2019-02-27T01:32:10Z")
I realize that was a play on _Jessie’s Girl_, but that phrasing probably isn’t going to go well… ---
**Author:** ![Philster](https://avatars.discourse-cdn.com/v4/letter/p/13edae/32.png) [@Philster](https://boards.straightdope.com/u/Philster)\ **Post date:** [February 27, 2019, 1:46am UTC](https://boards.straightdope.com/t/question-about-jussies-boys/830264/3 "2019-02-27T01:46:10Z")
Di they even commit a crime? I believe they can keep the money. Everything Jussie did after they roughed him up and yelled at him was the issue. They had a small, privatey secured acting gig, more or less. . ---
**Author:** ![Aspidistra](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aspidistra/32/3894_2.png) [@Aspidistra](https://boards.straightdope.com/u/Aspidistra)\ **Post date:** [February 27, 2019, 2:05am UTC](https://boards.straightdope.com/t/question-about-jussies-boys/830264/4 "2019-02-27T02:05:56Z")
Well, they played along with the charade Could it count as conspiracy to commit fraud? If Jussie’s plan was to use the incident as a publicity stunt with the intent of getting a higher salary than he was getting ---
**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\ **Post date:** [February 27, 2019, 2:09am UTC](https://boards.straightdope.com/t/question-about-jussies-boys/830264/5 "2019-02-27T02:09:06Z")
The prosecution wants friendly witnesses that can be relied on during testimony. Seems like taking their hard earned acting money would be counter productive. Have they been given immunity for cooperating? That may include keeping the money they earned. ---
**Author:** ![puddleglum](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/puddleglum/32/137_2.png) [@puddleglum](https://boards.straightdope.com/u/puddleglum)\ **Post date:** [February 27, 2019, 4:31pm UTC](https://boards.straightdope.com/t/question-about-jussies-boys/830264/6 "2019-02-27T16:31:31Z")
> [@Aspidistra](#): > > Well, they played along with the charade > > Could it count as conspiracy to commit fraud? If Jussie’s plan was to use the incident as a publicity stunt with the intent of getting a higher salary than he was getting In order to commit fraud you have to either take something from someone or prevent them from getting something to which they are entitled. If Smollet fundraised or received anything as a result of his attack then it could apply. I have not heard that he did so. They could be charged with obstruction of justice if they lied to the police but the only crime before the investigation was filing a false police report and there is not a crime called conspiring to file a false police report. ---
**Author:** ![zimaane](https://avatars.discourse-cdn.com/v4/letter/z/a3d4f5/32.png) [@zimaane](https://boards.straightdope.com/u/zimaane)\ **Post date:** [February 28, 2019, 3:13pm UTC](https://boards.straightdope.com/t/question-about-jussies-boys/830264/7 "2019-02-28T15:13:16Z")
The brothers will probably get to keep the money. Their showbiz career is likely over though. 🙂 ---
**Author:** ![Enola\_Gay](https://avatars.discourse-cdn.com/v4/letter/e/3ab097/32.png) [@Enola\_Gay](https://boards.straightdope.com/u/Enola_Gay)\ **Post date:** [February 28, 2019, 8:55pm UTC](https://boards.straightdope.com/t/question-about-jussies-boys/830264/8 "2019-02-28T20:55:24Z")
> [@Philster](#): > > Di they even commit a crime? I believe they can keep the money. > > Everything Jussie did after they roughed him up and yelled at him was the issue. They had a small, privatey secured acting gig, more or less. > > . As **Aspidistra** noted, they participated in the hoax/fraud for financial gain, but were not part of the filing of the false police report (which is what Jussie is being charged with). And while they are cooperating with the investigation, I’ve read that they have not been offered immunity from prosecution. Although I’m having a hard time figuring out what they could potentially be charged with… ---
**Author:** ![Alley\_Dweller](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alley_dweller/32/430_2.png) [@Alley\_Dweller](https://boards.straightdope.com/u/Alley_Dweller)\ **Post date:** [February 28, 2019, 9:44pm UTC](https://boards.straightdope.com/t/question-about-jussies-boys/830264/9 "2019-02-28T21:44:12Z")
> [@puddleglum](#): > > They could be charged with obstruction of justice if they lied to the police but the only crime before the investigation was filing a false police report and there is not a crime called conspiring to file a false police report. In Illinois there is a blanket law covering conspiracy to commit any felony or misdemeanor. Jussie was charged with a Class 4 felony. [Criminal Code §720 ILCS 5/8-2](https://codes.findlaw.com/il/chapter-720-criminal-offenses/il-st-sect-720-5-8-2.html) ---
**Author:** ![Drum\_God](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/drum_god/32/44_2.png) [@Drum\_God](https://boards.straightdope.com/u/Drum_God)\ **Post date:** [February 28, 2019, 10:45pm UTC](https://boards.straightdope.com/t/question-about-jussies-boys/830264/10 "2019-02-28T22:45:56Z")
> [@Alley\_Dweller](#): > > In Illinois there is a blanket law covering conspiracy to commit any felony or misdemeanor. Jussie was charged with a Class 4 felony. > [Criminal Code §720 ILCS 5/8-2](https://codes.findlaw.com/il/chapter-720-criminal-offenses/il-st-sect-720-5-8-2.html) Also, did they actually injure Jussie? I thought it was illegal to commit a crime, even if you had the “victim’s” permission. I can’t just go beat someone up and then claim he said it was okay. ---
**Author:** ![zimaane](https://avatars.discourse-cdn.com/v4/letter/z/a3d4f5/32.png) [@zimaane](https://boards.straightdope.com/u/zimaane)\ **Post date:** [March 1, 2019, 4:35pm UTC](https://boards.straightdope.com/t/question-about-jussies-boys/830264/11 "2019-03-01T16:35:34Z")
> [@Drum\_God](#): > > Also, did they actually injure Jussie? I thought it was illegal to commit a crime, even if you had the “victim’s” permission. I can’t just go beat someone up and then claim he said it was okay. Iirc, his “injuries” were said to be self-inflicted. Anyway, doesn’t assault and battery require a _mens rea_? I could accidently bump into someone and injure them, but does that make me criminally liable? ---
**Author:** ![Enola\_Gay](https://avatars.discourse-cdn.com/v4/letter/e/3ab097/32.png) [@Enola\_Gay](https://boards.straightdope.com/u/Enola_Gay)\ **Post date:** [March 1, 2019, 9:35pm UTC](https://boards.straightdope.com/t/question-about-jussies-boys/830264/12 "2019-03-01T21:35:40Z")
Well if the mens rea is technically that the defendant must have \*intended \*to use force, then the brothers would be guilty since they did it intentionally…although it was for fraudulent purposes. Police did say that Jussie’s facial scratches were self inflicted, but they also said that if the camera had been pointing in the right direction, it would have shown the brothers ‘jumping’ Jussie & him fighting back. Apparently he told them to use force, but not hurt him too bad. But I think it’s a gray area as to whether they actually committed a crime. If so, I’d think they’d have to forfeit the $3500. > [@](#): > > At common law, the only kind of criminal assault was the former category (attempt to commit battery). For this crime, the mens rea is that the defendant must have intended to use force against the victim. Thus, a defendant, at common law, could not be convicted of reckless assault. … The mens rea had to be intent. ---
**Author:** ![Dacien](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dacien/32/5663_2.png) [@Dacien](https://boards.straightdope.com/u/Dacien)\ **Post date:** [March 2, 2019, 10:12pm UTC](https://boards.straightdope.com/t/question-about-jussies-boys/830264/13 "2019-03-02T22:12:36Z")
“Jussie’s Boys” sounds like a sitcom starring John Stamos as a single dad raising four boys alone, and hijinks ensues. ---
**Author:** ![Tim\_T-Bonham.net](https://avatars.discourse-cdn.com/v4/letter/t/46a35a/32.png) [@Tim\_T-Bonham.net](https://boards.straightdope.com/u/Tim_T-Bonham.net)\ **Post date:** [March 3, 2019, 8:31pm UTC](https://boards.straightdope.com/t/question-about-jussies-boys/830264/14 "2019-03-03T20:31:20Z")
Well, they don’t have the money yet. They were paid with a $3,500 check(!), which has not been cashed yet. It’s currently in the possession of the prosecution authorities. Presumably, it is their property and will eventually be returned to them, after legal proceedings are completed. Whether there will still be money in the account to cover it at that time is a good question. But it’s possible they could sell the check to some collector for more than its’ face value. ---
**Author:** ![Alley\_Dweller](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alley_dweller/32/430_2.png) [@Alley\_Dweller](https://boards.straightdope.com/u/Alley_Dweller)\ **Post date:** [March 3, 2019, 9:27pm UTC](https://boards.straightdope.com/t/question-about-jussies-boys/830264/15 "2019-03-03T21:27:41Z")
> [@Tim\_T-Bonham.net](#): > > Well, they don’t have the money yet. > > They were paid with a $3,500 check(!), which has not been cashed yet. It’s currently in the possession of the prosecution authorities. Presumably, it is their property and will eventually be returned to them, after legal proceedings are completed. Whether there will still be money in the account to cover it at that time is a good question. But it’s possible they could sell the check to some collector for more than its’ face value. Oh wow! Every little detail that comes out just makes this so much more bizarre. The check will probably be stale by the time it gets returned to them, if it ever does. And I’m sure the feds will have their eyes open to see whether the lads declare the payment on their tax return. ---
**Author:** ![Atamasama](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/atamasama/32/12961_2.png) [@Atamasama](https://boards.straightdope.com/u/Atamasama)\ **Post date:** [March 4, 2019, 3:43am UTC](https://boards.straightdope.com/t/question-about-jussies-boys/830264/16 "2019-03-04T03:43:57Z")
> [@Dacien](#): > > “Jussie’s Boys” sounds like a sitcom starring John Stamos as a single dad raising four boys alone, and hijinks ensues. Have mercy! ---
**Author:** ![Tim\_T-Bonham.net](https://avatars.discourse-cdn.com/v4/letter/t/46a35a/32.png) [@Tim\_T-Bonham.net](https://boards.straightdope.com/u/Tim_T-Bonham.net)\ **Post date:** [March 4, 2019, 5:20am UTC](https://boards.straightdope.com/t/question-about-jussies-boys/830264/17 "2019-03-04T05:20:40Z")
> [@Dacien](#): > > “Jussie’s Boys” sounds like a sitcom starring John Stamos as a single dad raising four boys alone, and hijinks ensues. Well, that’s one son up. If it was 3 boys being raised alone, it’s either “My Three Sons” or, if western, “Bonanza”. With 2 boys, it’s “Leave it to Beaver” or “Flipper”. With only 1 son, it’s “The Rifleman”. ---
**Author:** ![kaylasdad99](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kaylasdad99/32/3398_2.png) [@kaylasdad99](https://boards.straightdope.com/u/kaylasdad99)\ **Post date:** [March 4, 2019, 5:32pm UTC](https://boards.straightdope.com/t/question-about-jussies-boys/830264/18 "2019-03-04T17:32:28Z")
> [@Tim\_T-Bonham.net](#): > > Well, that’s one son up. > If it was 3 boys _being raised alone_, it’s either “ **My Three Sons** ” or, if western, “ **Bonanza** ”. > With 2 boys, it’s “ **Leave it to Beaver** ” or “ **Flipper** ”. > With only 1 son, it’s “ **The Rifleman** ”. One of these things is not like the others. (And one son could also be “Gentle Ben.”) ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [March 4, 2019, 6:18pm UTC](https://boards.straightdope.com/t/question-about-jussies-boys/830264/19 "2019-03-04T18:18:58Z")
Contracts to perform illegal acts are void as against public policy. So at least in theory, Smollet gets his money back. > [@puddleglum](#): > > In order to commit fraud you have to either take something from someone or prevent them from getting something to which they are entitled. If Smollet fundraised or received anything as a result of his attack then it could apply. I have not heard that he did so. Conspiracy is an inchoate crime, meaning you don’t actually have to complete the offense to be guilty of conspiracy (as with attempt). Smollet apparently \*hoped \*to benefit financially from the fake battery, even though he didn’t. ---
**Author:** ![Alley\_Dweller](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alley_dweller/32/430_2.png) [@Alley\_Dweller](https://boards.straightdope.com/u/Alley_Dweller)\ **Post date:** [March 8, 2019, 11:52pm UTC](https://boards.straightdope.com/t/question-about-jussies-boys/830264/20 "2019-03-08T23:52:56Z")
> [@Tim\_T-Bonham.net](#): > > Well, they don’t have the money yet. > > They were paid with a $3,500 check(!), which has not been cashed yet. It’s currently in the possession of the prosecution authorities. Presumably, it is their property and will eventually be returned to them, after legal proceedings are completed. Whether there will still be money in the account to cover it at that time is a good question. But it’s possible they could sell the check to some collector for more than its’ face value. Just an update: [According to a document prepared by the State’s Attorney’s office](https://media.fox32chicago.com/media.fox32chicago.com/document_dev/2019/02/21/smollett-proffer_6806384_ver1.0.pdf), Abel Osundairo deposited the check into his bank account on Jan 29, 2019, the date of the planned incident. The check was backdated to Jan 23. [Next page](https://boards.straightdope.com/t/question-about-jussies-boys/830264.md?page=2)