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Nordhavn aground at Ocean Reef...

Discussion in 'General Yachting Discussion' started by YachtForums, May 9, 2023.

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  1. mapism

    mapism Senior Member

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    Facts check at the Daily Mail? You must be joking.
    It isn't called also Daily Fail for nothing!
  2. Pascal

    Pascal Senior Member

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    If only it was just the daily mail… Journalism is dead, replaced by mass indoctrination tools that would make Herr Goebbels proud.
  3. Fjol70

    Fjol70 New Member

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  4. Fjol70

    Fjol70 New Member

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    There are also at least 2 video tours of the boat on YouTube:



  5. Capt Ralph

    Capt Ralph Senior Member

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    So, a sick Captain Stabbin model was removed.
    Onboard against her will.
    You had to know the law was a coming rite back.
    SFB

    Now the only real entertaining thought;
    Does this mean the boat is up for government auction?
    Fjol70 and chesapeake46 like this.
  6. Fjol70

    Fjol70 New Member

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    Captain Stabbin model

    Well that certainly gives a new meaning to the word boat porn. o_O
  7. Fjol70

    Fjol70 New Member

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    So I assume the yacht had a crew, what would the legal consequences if any be for them?

    The yacht was flagged in the Caymans, would all of the even be US citizens?

    And how would a US government auction of foreign flagged vessel work tax vise? No US VAT/Sale Tax would have been paid on the boat I assume?
  8. chesapeake46

    chesapeake46 Senior Member

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    I'd be throwing THOSE matresses out......
  9. Capt Ralph

    Capt Ralph Senior Member

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    Mistresses or Mattresses ??
  10. mapism

    mapism Senior Member

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    The latter, surely.
    It would be a pity to throw the baby out with the bathwater... :D
  11. Norseman

    Norseman Senior Member

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    More details, copied from another boating site.

  12. Capt Ralph

    Capt Ralph Senior Member

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    Now that is a whole different story.
    Question; Where was the doctor? At the wedding?
  13. Scott W

    Scott W Senior Member

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    It depends on how it ends up being auctioned. Some foreign-titled assets that are confiscated either through civil asset forfeiture or through the criminal forfeiture process are deemed non-saleable for use in the US and can only be auctioned as 'export only.' If it's an 'export only' auction, then no VAT will be collected. If CPB allow the asset to be titled in the US for US use, then all applicable taxes will have to be paid, including VAT and other sales taxes. There's also some chance that this will be auctioned by the state of MA as it appears from press reports that the owner has been indicted under state criminal statutes. I'm not familiar with how Massachusetts runs their seized asset auctions. But, I imagine they're not materially different from how the US Marshall service and IRS/Treasury run their respective auctions. However it works in MA, it will still be Customs & Border patrol that will determine if the asset may be used in the US or be made available for auction as an 'export only' item.
    Fjol70 likes this.
  14. Pascal

    Pascal Senior Member

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    No VAT in the US, only state sales tax. I guess you meant customs duty
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  15. Scott W

    Scott W Senior Member

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    Yes, I meant duty.
  16. Capt Ralph

    Capt Ralph Senior Member

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    Not yet..
  17. MBevins

    MBevins Senior Member

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    I don't think the vessel is subject to seizure and auction. I highly doubt Doc used I'll gotten gains to purchase the vessel. As such, they'd have a tough time seizing the vessel.
  18. maldwin

    maldwin Senior Member

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    His wife will seize it in the divorce
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  19. Scott W

    Scott W Senior Member

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    Unfortunately for the good doctor, they wouldn't. While the purchase of an asset using proceeds from a criminal enterprise is one way state and federal authorities can seize assets, it's not the only way and probably not even the most common way, as drug dealers and other criminals learn every single day. For instance, in my state, the relevant seizure statute statute reads (in part): instrumentality that is used in or intended to be used in the commission or facilitation...of a felony...The relevant federal statutes are very similar.

    His problem is that he was charged with (among other things) possession with intent...on his boat. The boat then becomes an instrument of the crime and subject to forfeiture just as cars are routinely forfeited that are used in the transportation of narcotics or during the commission of drug deals on land. There's a reason why the DEA is one of the largest car 'dealers' in the US, and this is the reason. Worse yet, the standard for civil asset forfeiture is 'preponderance of the evidence' rather than the more stringent 'beyond any reasonable doubt' necessary for criminal convictions. IOW, they don't even have to make the criminal case stick in order to still seize your property and prevail during the civil hearing to keep that seized property.
  20. Pascal

    Pascal Senior Member

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    They may have charged him with intent but that may not be easy to prove. Would not be surprised if the distribution part is dropped of bargained down at some point…. Unless the amount is such that it isn’t for personal use