Legal Question in Criminal Law in Florida

Recovering long lost stolen property

This one straddles criminal and insurance law. A relative had valuable property stolen c. 1972 in Florida. Insurance company paid claim and we assume legally owns property. In the last few days the property has surfaced and is for sale (serial #'s exactly match those of stolen property). We would like to recover the property but don't know how best to do it. If we buy the property (to turn over to original owner), I believe we'd be receiving stolen goods. Should we contact the police in the jurisdiction where the theft first occurred? Should we contact the insurance company? Do insurance companies typically offer recovered property back to original owner (for a fee, of course)? We're confused and would appreciate any knowledgeable advice.


Asked on 8/06/07, 9:19 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Recovering long lost stolen property

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

There are many issues raised and none are easily answered. You should definitely contact the police if you are certain that the items are identical as the ones stolen. At the least, they may be confiscated until the true ownership can be determined.

You should also notify the relatives and they should review their insurance policy to determine their rights. The chances are that the insurance company may allow them to regain ownership for a nominal amount. If it is not clear, they should consult an attorney to determine their legal rights and obligations.

Scott R. Jay, Esq.

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Answered on 8/07/07, 11:11 pm
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Recovering long lost stolen property

Wow tough questions to answer without some research. I am sure you should contact police. Thereafter you might want to contact the insurance company if you think they a) are still in exsistance and b) would want to be compensated for the payment. I am not sure if under your policy you relinquish control of the property, though it would make sense.

Hence, Contact the Police, or Postal inspectors, and then go to a lawyer and have him interpret the policy.

I hope you get your heirlooms back.

Good Luck.

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Answered on 8/06/07, 11:58 pm


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