If you're a victim of a crime, there are a few different ways you can pursue the perpetrator for compensation for damages the person caused in the commission of that crime. One little known way is to sue for some or all of the money the perpetrator may receive in connection to publicity about his or her crimes (e.g. book deals). Here's what you need to know about the Son of Sam laws that prevent criminals from profiting from their bad acts and how you can use them to your advantage.
Preventing Criminals from Profiting
The Son of Sam statutes refers to any laws that serve to prevent criminals from profiting from their crimes. The first of these laws were enacted in New York in the 70s after rumors circulated that David Berkowitz, the law's namesake, was being offered money from publishers to tell his story about the murders he committed.
Currently, about 45 states have Son of Sam laws on the books. Although the law varies from state to state, they all basically allow either the government or the criminal's victims to seize cash and assets the perpetrator may obtain from the notoriety of their crimes. This includes but is not limited to:
- Money from sales of books about the crime
- Payments from movie or television producers for the right to the person's story
- Cash received from the sale of criminal memorabilia (e.g. sale of the tools used to commit the crime such as the gun or knife)
- Profits generated from the sale of products that reference the crime (e.g. t-shirts, coffee mugs etc.)
- Property given to the perpetrator for committing the crime
Though the law targets the criminal, some states have expanded the statute to include family members and other people with close affinity to the perpetrator. For example, the Ohio statute requires any person who contracts with a family member of the offender for information or commentary about the criminal or crime must forward any payment they would have given to the person to the court. This is to prevent parties close to the offender from collecting the money and holding it for the person until he or she is released from jail.
Since the law took effect, it has been used against several high-profile criminals including Mark David Chapman, the man who killed John Lennon.
Collecting from Criminals
Most states with Son of Sam laws require anyone contracting with the offender (or other covered party) to forward money or assets that would have been given to the perpetrator to a specially designated agency. In many areas this is a crime victim's fund from which the money is distributed to those affected by the criminal's actions. Typically, you will have to file a claim with the associated agency to receive the money owed to you. In some instances, though, you will need to bring a civil action against the offender to get the money.
The biggest challenge you will face is finding out about any projects the criminal may be involved in. Some states will notify victims that money has been placed in the fund and tell them how to submit a claim. Sometimes, the agencies will put a notice in the local newspaper to let victim's know there is money being held for them.
Other times, finding out about a criminal's business endeavors may not be that easy, especially when he or she can hide behind the anonymity of the Internet. You may need to enlist the assistance of an attorney who can help you investigate the owners of a business you suspect may be attempting to profit from the offender's criminal activities.
Son of Sam laws do have time constraints. For example, you have five years from the date money is seized from the offender and placed in an escrow account to file a claim for it in Delaware. Therefore, it's important that you take action as soon as you learn an offender is attempting to profit from his or her crime. Contact a personal injury lawyer or another specialist for more information about and assistance with collecting compensation from the offender for your losses.
