Author Topic: What happens to the donations if an appeal is refused?  (Read 10127 times)

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ferryman

  • Guest
What happens to the donations if an appeal is refused?
« on: May 18, 2015, 07:17:32 AM »
So if Amaral's grounds of appeal are turned down, what will be the legal position in respect of the money in the gofundme account?

Will it all have to be returned?
« Last Edit: June 07, 2015, 04:39:52 PM by John »

Offline mercury

Re: What happens to the donations if an appeal is refused?
« Reply #1 on: May 18, 2015, 07:26:55 AM »
So if Amaral's grounds of appeal are turned down, what will be the legal position in respect of the money in the gofundme account?

Will it all have to be returned?

All donations from well wishers, so no different to all the donations in the Madeleine Fund if she is found or not found I would have thought. No contracts or other agreements have been signed have they? So where is the legal territory? Nowhere.

ferryman

  • Guest
Re: What happens to the donations if an appeal is refused?
« Reply #2 on: May 18, 2015, 07:44:55 AM »
All donations from well wishers, so no different to all the donations in the Madeleine Fund if she is found or not found I would have thought. No contracts or other agreements have been signed have they? So where is the legal territory? Nowhere.

I suppose individuals could express a choice that money donated be used for purposes other than that specified at the outset of the appeal.

But equally, they might express a choice that don't wish it be used for any other purpose.

They would, in effect, have given the money under false pretences. 

Offline mercury

Re: What happens to the donations if an appeal is refused?
« Reply #3 on: May 18, 2015, 08:13:38 AM »
I suppose individuals could express a choice that money donated be used for purposes other than that specified at the outset of the appeal.

But equally, they might express a choice that don't wish it be used for any other purpose.

They would, in effect, have given the money under false pretences.

You mean like moneys donated to the Madeleine Fund be used for lawyers, PR advisers, other miscellaneous advisers, court expenses, and the like? Sure.

Work calls. My humblest apologies if I don't reply until tonight.

ferryman

  • Guest
Re: What happens to the donations if an appeal is refused?
« Reply #4 on: May 18, 2015, 08:36:40 AM »
You mean like moneys donated to the Madeleine Fund be used for lawyers, PR advisers, other miscellaneous advisers, court expenses, and the like? Sure.

Work calls. My humblest apologies if I don't reply until tonight.

No, I don't mean that at all.

Offline Jean-Pierre

Re: What happens to the donations if an appeal is refused?
« Reply #5 on: May 18, 2015, 10:18:51 AM »
I suppose individuals could express a choice that money donated be used for purposes other than that specified at the outset of the appeal.

But equally, they might express a choice that don't wish it be used for any other purpose.

They would, in effect, have given the money under false pretences.

All monies donated are in the nature of an outright gift.  So the money can be used for any purpose whatsoever without restriction. 

ferryman

  • Guest
Re: What happens to the donations if an appeal is refused?
« Reply #6 on: May 18, 2015, 10:41:12 AM »
All monies donated are in the nature of an outright gift.  So the money can be used for any purpose whatsoever without restriction.

Gosh!

Offline Benice

Re: What happens to the donations if an appeal is refused?
« Reply #7 on: May 18, 2015, 10:44:02 AM »
Gosh!

I thought I read somewhere that if the money wasnt used for legal expenses it would go to a children's charity of Amarals choice  . ( From memory - so I could be wrong.)
The notion that innocence prevails over guilt – when there is no evidence to the contrary – is what separates civilization from barbarism.    Unfortunately, there are remains of barbarism among us.    Until very recently, it headed the PJ in Portimão. I hope he was the last one.
                                               Henrique Monteiro, chief editor, Expresso, Portugal

Offline Jean-Pierre

Re: What happens to the donations if an appeal is refused?
« Reply #8 on: May 18, 2015, 10:50:08 AM »
I am sure any surplus will be used for some worthwhile purpose.  But the fund organisers are under no legal obligation to act in any particular way or to seek the opinion or consent of any of the donors.

In contract to the "Find Madeleine" fund, where the directors must act in accordance with the Mem and Arts of the company. 

Offline Brietta

Re: What happens to the donations if an appeal is refused?
« Reply #9 on: May 18, 2015, 11:14:36 AM »
I thought I read somewhere that if the money wasnt used for legal expenses it would go to a children's charity of Amarals choice  . ( From memory - so I could be wrong.)

I understand it was to be donated to a children's charity of Mr Amaral's choice.

He has expressed an interest in starting a foundation for troubled children ... a worthwhile endeavour which will require continued funding to support it.
"All I'm going to say is that we've conducted a very serious investigation and there's no indication that Madeleine McCann's parents are connected to her disappearance. On the other hand, we have a lot of evidence pointing out that Christian killed her," Wolter told the "Friday at 9"....

Offline Brietta

Re: What happens to the donations if an appeal is refused?
« Reply #10 on: May 18, 2015, 11:16:34 AM »
I am sure any surplus will be used for some worthwhile purpose.  But the fund organisers are under no legal obligation to act in any particular way or to seek the opinion or consent of any of the donors.

In contract to the "Find Madeleine" fund, where the directors must act in accordance with the Mem and Arts of the company.

So in other words ... whichever bank account it happens to be in ... is the one which legally calls the shots.
"All I'm going to say is that we've conducted a very serious investigation and there's no indication that Madeleine McCann's parents are connected to her disappearance. On the other hand, we have a lot of evidence pointing out that Christian killed her," Wolter told the "Friday at 9"....

Offline Jean-Pierre

Re: What happens to the donations if an appeal is refused?
« Reply #11 on: May 18, 2015, 11:19:23 AM »
So in other words ... whichever bank account it happens to be in ... is the one which legally calls the shots.

That is about the long and short of it, yes. 

Offline Brietta

Re: What happens to the donations if an appeal is refused?
« Reply #12 on: May 18, 2015, 11:31:30 AM »
That is about the long and short of it, yes.



             Hmmm ...         £5%4%              why didn't I think of that one?? 
"All I'm going to say is that we've conducted a very serious investigation and there's no indication that Madeleine McCann's parents are connected to her disappearance. On the other hand, we have a lot of evidence pointing out that Christian killed her," Wolter told the "Friday at 9"....

Offline John

Re: What happens to the donations if an appeal is refused?
« Reply #13 on: June 07, 2015, 04:39:17 PM »
Are the legal defence funds at risk of being frozen by the Court in any circumstances?
A malicious prosecution for a crime which never existed. An exposé of egregious malfeasance by public officials.
Indeed, the truth never changes with the passage of time.

Offline G-Unit

Re: What happens to the donations if an appeal is refused?
« Reply #14 on: June 07, 2015, 04:52:41 PM »
Are the legal defence funds at risk of being frozen by the Court in any circumstances?

As they don't belong to Amaral that would be unlikely?
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