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no_hypocrisy

(46,117 posts)
Wed Mar 7, 2018, 10:48 AM Mar 2018

Does Stormy Daniels get to keep the $130,000 or does she have to return it?

Was it a legal gift from Trump's attorney to her and the money belongs to her?

Or did Trump's attorney expect to be reimbursed, and thus, it wasn't a personal gift but an advance from Trump? And if Trump didn't reimburse, did the attorney intend to give his personal assets to Daniels even if he didn't get the money from Trump?

Or, allowing me to be snide, without a contract, was the $130,000 even indirectly from Trump for services rendered?

16 replies = new reply since forum marked as read
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unblock

(52,243 posts)
1. she might not actually have it
Wed Mar 7, 2018, 10:58 AM
Mar 2018

i haven't read through the entire complaint and agreement, but it looks like the money was, at least at first, put in escrow until stormy fulfilled certain requirements, such as returning any confidential information she had.

i'm not clear on whether or not she complied and whether or not the funds were released to her or if that's still pending.

unblock

(52,243 posts)
4. Its been speculated that they actually filmed a porno
Wed Mar 7, 2018, 12:14 PM
Mar 2018

That would be actually be a good way to evade any prostitution charge. Claim it’s a porno, just never use the film except as needed to beat a prostitution charge.

FakeNoose

(32,639 posts)
2. I'm guessing it's the reason for her lawsuit
Wed Mar 7, 2018, 10:58 AM
Mar 2018

She probably doesn't want to give the money back, and neither do her lawyers.
So the new lawsuit that was filed yesterday would provide reasons for her to keep the money.
Basically it claims there never was an NDA because 45 never signed it.
So now she's free to talk about it AND keep the money.

unblock

(52,243 posts)
5. If there never was an agreement, she has no rights to the money.
Wed Mar 7, 2018, 12:16 PM
Mar 2018

She’s better off saying there was an agreement but Donnie, or his lawyer, breached it.

She might actually be fine with returning the money because her story is now worth far more than $130,000.

Merlot

(9,696 posts)
6. She will return it, or never got it. Doesn't matter, she can make a lot more than $130K.
Wed Mar 7, 2018, 12:31 PM
Mar 2018

Selling her story, even the publicity of the trial is worth more that the 130K.

csziggy

(34,136 posts)
9. Exactly - $130,000 is chump change
Wed Mar 7, 2018, 12:40 PM
Mar 2018

Compared to what the tabloids would pay her for details and photos about her relationship with Dolt45.

Merlot

(9,696 posts)
11. Plus the advance on that book she's probably considering writing.
Wed Mar 7, 2018, 12:45 PM
Mar 2018

Chump change from the biggest chump.

csziggy

(34,136 posts)
12. Yep - and if unblock is right in #1
Wed Mar 7, 2018, 12:47 PM
Mar 2018

She may never have gotten that $130,000. Now that the whole thing is out in the open Stormy could clean up by getting the contract invalidated and selling her story.

FakeNoose

(32,639 posts)
14. I read somewhere else that the $$ is in escrow
Wed Mar 7, 2018, 01:24 PM
Mar 2018

If that's true, then she technically never "received" it, and she doesn't have to give it back. On the other hand, Michael Cohen led us to believe that he did pay her, he doesn't have the cash either.

So they're both out $130,000 until this gets settled.

unblock

(52,243 posts)
15. the agreement says cohen was to pay the money into escrow.
Wed Mar 7, 2018, 01:27 PM
Mar 2018

i think it was to stormy's lawyer, to be held until she did certain things, such as return any confidential information.

combined with cohen complaining about not being reimbursed, it seems clear he did cough up the money.

it's not clear if the money is still in escrow or if stormy has it already.

either way it's clear that stormy wants to get out of the contract any way she can, her story is worth millions.

Jersey Devil

(9,874 posts)
8. She accepted payment which confirms the contract
Wed Mar 7, 2018, 12:39 PM
Mar 2018

I hate to spoil the party, but the fact that consideration was paid is probably an exception to the Statute of Frauds that would ordinarily negate an unsigned contract. This is pretty basic legal stuff.

csziggy

(34,136 posts)
10. If unblock is correct in #1, that may not be true
Wed Mar 7, 2018, 12:45 PM
Mar 2018

If the money is still in escrow because Stormy did not fulfill some of the requirements, then neither side has completed the terms of the contract. That could be why she is suing.

In addition, Stormy is probably getting some lucrative offers to tell her story that will get her far more than $130,000. If she can get the contract with Dolt45 declared invalid she can clean up without worrying about him suing her for violating the terms of the contract.

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