Klarinet Archive - Posting 001533.txt from 2000/10

From: Janet McNaught <mcnaught@-----.com>
Subj: Re: [kl] Legal situation re Bass Clarinet
Date: Tue, 31 Oct 2000 10:32:15 -0500

HatNYC62@-----.com wrote:

> As for the situation, this is how I would like to resolve it: A close friend
> of mine is in dire need of a better bass clarinet. If I can get this dude to
> sell me mine back for a few hundred more than he paid for it (hopefully,
> after all your harassment, including a phone call today from one of the
> world's leading bass clarinet virtuosos, he's be happy to have this over), my
> friend can then sell his (possibly to one of the ebay bidders, who wrote me
> telling me of HIS need to upgrade to a better horn) and pay me whatever he
> makes on his. Whatever 'profit' I make on the sale will go to two charities
> (Interlochen Arts Center and the Toledo Symphony).
>
> This is assuming that my insurance companies take no interest. So far, they
> have returned none of my phone calls so I believe that this course of action
> may be possible. I will have to have an attorney talk to the insurance
> companies first and get a release from them allowing me to do this.

> At that point, I will contact "Jim" and inform him of the offer. If he still

> declines, I believe the letter writing should continue, but perhaps with
> greater vehemence.
>
> By the way, any of you associated with music stores, etc. should inform them
> that there may be a guy out there trying to unload a bass clarinet. I don't
> want this guy to be able t o get rid of this thing. And try to tell every
> clarinet player out there as well.
>
> Thank you all for your amazing support.
>
> -HAT

A couple of points.

The clarinet is the property of the insurance company, if they paid out for the
loss. David no longer owns it - he has been compensated for the loss.

It would be very useful to have somebody determine how the clarinet arrived at a
police auction - if in fact it did. If the police were negligent, then it should
still be considered "stolen goods". If they did everything they are legally
required to do, then the clarinet is no longer "stolen" in law, although we all
know that it was stolen from David.

It would be most useful at this point to have a lawyer or police involved to
prevent the resale of the clarinet until the whole chain of ownership is
straightened out - Jim may possibly be the rightful owner, but he is in danger
of selling stolen goods if that is not established appropriately.

Nobody, including David, should be purchasing this clarinet right now - the
insurance company should be sending a lawyer's letter to the current "owner" to
inform him that they have legal title to this instrument.

I am familiar with a similar case of art theft. A painting was stolen, and I had
a fairly good guess as to who took it. The gallery where I worked was offered
the painting for sale about a year after the loss. Six months later the owner
was paid for the loss (and paid a significant amount of money), two weeks after
that the painting showed up about a mile from the person who I had initially
suspected of the theft. And that person was now the business partner of the
original owner who had received the healthy payment. The police did nothing; and
despite the reports I had made to the insurance company when we were offered the
painting for sale, they did nothing either. They were eventually delighted to
have it back once we called to tell them that it had been recovered. They sold
it.

At this point, although it is extremely frustrating, I would suggest that the
only thing you can do is to get the insurance company lawyers on the case. If
they have a significant amount of money at stake, they may be interested. If
they stand to only recover a few hundred dollars, they may not care. If it were
me, I'd be angry enough to have a lawyer write a few letters - to Jim, the
police and the insurance company.

Janet

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