I read a recent article in the LA Times about attorney Terry Christensen, who represented Kirk Kerkorian in his child support case, and his private investigator, Anthony Pellicano.  They were indicted and found guilty on federal wiretapping charges related to their work on family law cases for celebrity clients.  Prosecutors said that Christensen had the mother’s phones tapped.  In the case, Christensen’s client was seeking child support in the amount of $320,000 per month. 

Client’s ask me all the time about taping conversations and other forms of snooping in the opposing party’s life.  There are legal and illegal methods for doing so.  For instance, taping a phone call between yourself and your ex-wife without her consent is a misdemeanor in Oregon. 

The laws in Oregon regarding wiretapping are as follows:

Or. Rev. Stat. §§ 165.535, 165.540: It is illegal to obtain or divulge a telecommunication or radio communication, unless one is a party or has obtained consent from at least one party to the conversation. It is illegal to obtain or divulge an oral communication unless all parties to the communication are informed that their conversation is being obtained. Certain enumerated exceptions apply. Violations are punishable by a maximum sentence of $5000 or one year in jail.

Or. Rev. Stat. § 165.543: It is also a misdemeanor to intercept a wire or oral communication where one is not a party to the communication, and none of the parties to the communication have consented.

Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of “oral communication,” Or. Rev. Stat. § 133.721.

The state’s highest court ruled in1996 that interception, without consent of any of the parties, of the radio portion of a cordless telephone call through use of a police “scanner” is illegal under Oregon’s wiretapping laws. Oregon v. Carston, 913 P.2d 709 (Or. 1996).

Using a hidden camera to record another person “in a state of nudity” without consent when the person has a reasonable expectation of personal privacy is a misdemeanor. Or. Rev. Stat. § 163.700.

Before taking any action like this, it is best to consult an attorney to find out whether the evidence you gained would be admissible in court, whether the method of gaining that evidence is legal, and how such behavior could affect your case, either negatively or positively.

University of Arizona men’s basketball coach Lute Olson is currently going through a divorce with his wife. 

He has been ordered to appear in court to explain why he took the majority of funds out of the parties’ joint bank account and placed the funds in a personal account.  Most of the money was earned by him from a sneaker deal with Nike.  The money was taken out of the account the day after he filed for divorce.  You can read an article regarding the story at http://sportsillustrated.cnn.com/2008/basketball/ncaa/04/22/bc.bkc.olson.divorce.ap/.

In Oregon, upon the filing of a divorce, ORS 107.093 Restraining order; request for hearing states that a party cannot transfer, encumber, conceal or dispose of property in which the other party has an interest, in any manner, without written consent of the other party or an order of the court, except in the usual course of business or for necessities of life. The statute provides exceptions in the following circumstances: payment of Attorney fees in the existing action; Real estate and income taxes; Mental health therapy expenses for either party or a minor child of the parties; or Expenses necessary to provide for the safety and welfare of a party or a minor child of the parties.  Violation of the statute can lead to remedial contempt sanctions against the violating party. 

If you have any questions regarding your assets either in the course of a divorce or prior to divorce, please feel free to set up an consultation with our office.  Even if you are not planning on getting divorced in the near future, it is important to consult with a divorce lawyer to understand your rights.