A BROKEN ENGAGEMENT: WHO GETS TO KEEP THE RING?

Surely there is nothing more romantic than two people falling in love and getting engaged. In fact, tradition usually dictates that the husband-to-be flourishingly present a sparkly engagement ring to his wife-to-be at the moment that he proposes to spend the rest of their lives together.

But let’s not jump the gun here. Sometimes forever is not, in fact, forever, and occasionally there are couples who don’t even get a chance to walk down the aisle. The pre-marriage split may be amicable but, as you can imagine, sometimes it can be far from it. One possible legal question: what can a gentleman do to get back his investment?

In Arizona, the answer isn’t exactly clear. Surprisingly, there is no Arizona statute or case law on the question of whether an ex-fiancé is entitled to have an engagement ring returned to him. Many other jurisdictions, however, have ruled on the subject and the general answer is a resounding ‘yes.’

For example, in Salens v. Tubbs, 2008 U.S. App. LEXIS 19102 (6th Cir. 2008), the decedent and the defendant became engaged and the decedent, naturally, gave the defendant an engagement ring. Subsequently, the defendant ended the relationship and rejected the decedent's demands to return the ring. Nevertheless, the court held that, because the engagement ring was a conditional gift, when the condition was not fulfilled the ring or its value should be returned regardless of fault. The court reasoned that a gift of property made in contemplation of marriage can be enforced as a “conditional gift” that will be returned to the donor upon proof of an express or implied-in-fact contract.
The “conditional gift contract” rationale of Salens is the most common avenue – it has been employed by states like Iowa, Ohio, and California, for example – but other theories include unjust enrichment, pledge, and fault, whereby the court decides whether the ring is returnable based upon who is to blame for the aborted marriage.

In any event, despite the silence of Arizona courts, there is a substantial amount of case law in many other jurisdictions that could be cited to in a cause of action. Of course, the plaintiff will have to weigh the costs and benefits of pursing litigation, but it is worth keeping in mind that there is indeed a chance that he will be successful in recouping his loss. Well, at least a financial one.

This article was provided by the Gilbert family law attorneys at Wilson Goodman & Fong, P.C.

Immigration Issues Complicate Efforts to Stop Kidnappings in Arizona

Article provided by the Phoenix drug crime defense lawyers at The Baker Law Firm LLC.

Phoenix, Arizona, has been dubbed the "kidnapping capital" of the United States. The state ranks second only to Mexico City in the number of annual kidnappings in the world.

While it may be technically true that the state has surged to the top of the kidnapping list with 366 kidnappings reported in 2008, what many fail to appreciate is that these kidnappings are not the result of random violence, and the majority of people living in Arizona are not potential victims of this crime wave.

Phoenix has become ground zero for the United States' battle against illegal immigration and Mexican drug cartel violence. The main reason for this is geography: Arizona has a 370-mile shared border with Mexico. This makes Arizona, and Phoenix in particular, a prime location for smuggling illegal drugs and illegal immigrants into the country. In fact, Phoenix is one of the main central distribution hubs for illegal drugs in the U.S. As a result, the city also has become a hub for cartel-related violence.

Cartels and Coyotes Profit From the Kidnappings

The vast majority of the kidnappings for ransom reported in Phoenix and throughout the rest of the state are related to the drug cartels and illegal immigrants. There are several different scenarios in which the kidnappings may occur.

When a person wants to enter the U.S. illegally, the person normally will pay cash to a "coyote" who agrees to get him or her into the country. If the individual already has family living in the U.S., the family also may approach a coyote about securing passage for loved ones. The coyote may be involved with the drug cartels or may operate independently. Sometimes the coyote may demand more money than originally agreed upon before releasing the person in the U.S., especially if the person has family in the country that can pay the ransom.

Other times a coyote — either the one who transported the person into the country or another coyote with no previous connection to the individual — may kidnap a person after he or she has settled down in the United States. The coyotes like to target those who have become successful, either by starting up their own business or by other employment, since they know the person has the means to pay the ransom.

The drug cartels also are responsible for many of the kidnappings in Phoenix and other Arizona cities. The usual victims of cartel kidnappings are those who owe the cartels money, either dealers for the cartel or drug users. They also kidnap members of rival cartels. However, cartel members also act as coyotes and can be involved in kidnapping illegal immigrants they have helped smuggled over the border.

Once the individual has been taken, the family will be notified that the loved one has been kidnapped and a ransom will be demanded for safe return. The ransom often starts as high as $50,000, but it decreases when the family refuses to pay or cannot pay such a large amount.

Victims Fear Deportation

The true number of kidnappings in Arizona each year is unknown. According to one report, it is estimated that there are twice as many kidnappings as are actually reported. Since many of the victims of the kidnappings are in the country illegally, their families fear the legal repercussions of reporting the crimes to the local police. The families worry that once law enforcement officials learn they are illegal immigrants, they will be taken into custody by federal immigration officials and deported. They also worry that because they are illegal immigrants, no one will care that their loved ones have been taken and the police will do little or nothing to help find them.

Those who have been involved with the drug cartels fear reporting the kidnapping will raise questions not only about their own immigration status, but also about their loved one's involvement with drugs and the cartels. They do not want to run the risk of their loved ones' being recovered only to be deported or charged with state and federal drug crimes. Thus, many families decide to pay the ransom and deal with the kidnappers on their own.

Arizona police and federal immigration officers, however, do have an interest in stopping the number of kidnappings happening across the state. In many instances, families and victims who are willing to cooperate with the police and testify against the kidnappers will not be deported or brought up on immigration violations.

Regardless, there is a real fear among the victims of the kidnappings, and their families, that seeking any help from outside authorities will result in criminal charges against them. Even those who are in the U.S. legally are subject to mandatory deportation for violating certain U.S. laws, including immigration laws and drug laws. For example, if a legal resident (or "green card" holder) pays a coyote money to help a family member enter the U.S. illegally, both the legal immigrant and the illegal immigrant may be deported for violating U.S. immigration laws.

Conclusion

Kidnappings for ransom have become a very profitable industry for the coyotes and drug cartels. The practice has long been used in Mexico and Central and South America as a means to make extra money and intimidate rivals, law enforcement officials and the public.
The immigration issues, particularly the fear of deportation, seriously complicate the reporting of these crimes and handicap the efforts of local police to arrest those responsible. Without cooperation between Arizona police, federal officials and the victims and their families, kidnappings for ransom could become a way of life in Arizona and other states.