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Jane's Law: HR 6988
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For many years, Jane Maharam climbed countless steps to Congress.
On January 12, 2024 Representative Anthony D'Esposito (NY-04) and Jim Costa (CA-21) introduced the bi-partisan legislation: Jane's Law: HR 6988 into the 118th Congress: along with initial co-sponsors Eric Swalwell (CA-14), Raul M. Grijalva (AZ-7), Michael Lawler (NY-17), Linda Sanchez (CA-38) and Andre Carson (IN-7) and immediately followed by Rep Jan Schakowsky (IL-9) with more to sign on...
Jane’s Law : A Bill to “…Amend title 18, United States Code, to strengthen enforcement of spousal court-ordered property distributions, and for other purposes.”
Jane's BACKSTORY
Jane Maharam was born in 1930 (Jane Lowy). She married her childhood sweetheart, Robert Maharam, in 1952 and had two children. Jane graduated NYU with a life-long teaching license, taught school, helped her husband with Maharam Fabric Corporation and was a noted professional manager in the entertainment business. Jane was a devoted wife, mother and grandmother.
On June 15, 1983, without warning, her husband of 31 years ransacked the house, stole property, cash and assets as well as sold and divested their leading textile business and property behind-her-back and absconded out of the state. He left her a “good-bye” letter on the kitchen table.
After going through approximately 15 years of legal and financial manipulations by her former spouse, and strawmen, Jane finally received a NY State Judgment and Warrant for her former husband's arrest: He did not return to court, nor return her marital property, as directed by the court.
But, the Warrant needs Federal Enforcement to be effective; a well-kept omission/loophole by judges and matrimonial attorneys who failed to notify/protect litigants
Not giving up, Jane took her findings to Congress; to fix a loophole in the law. There was protection for child and spousal support, however, there was a major omission: protection for court-ordered marital property distribution.
"Jane's Law" shall stop spouses or ex-spouses from illegally stealing marital property and crossing state lines to avoid prosecution.
Jane's Law is not based on a new crime; it is a no-brainer, based on the state court decisions and warrants. Jane's Law just gives the teeth of enforcement of these orders in the Federal NCIC database.
Eventually, Jane’s efforts were stifled by age limitations, lack of resources, and dependence on public assistance, organizations and others for help as her strength deteriorated.
In April 2016, Jane passed away at the age of 85. Former Rep Ted Poe [TX] made a heartwarming speech about Jane on the House floor and a call to members to help follow through and champion Jane's Law. https://www.youtube.com/watch?v=dv3TVaMqgHc
Now, the time has come for fruition in Congress. After Jane's passing, the COVID pandemic made it difficult to move forward, so her daughter, Patsy waited for the appropriate time to bring Jane's Law to the forefront.
Jane wanted to ensure that what happened to her would not happen to anyone else.
To continue Jane's justice, her daughter, Patsy, is currently working with members of Congress and their Congressional staffers to make this bill move forward to protect others.
On January 12, 2024, Representatives Anthony D'Esposito and Rep Jim Costa, from the large states of NY and California joined together with the Crime Survivors and Justice Caucus and other co-sponsors to introduce the bi-partisan Jane's Law (HR 6988) legislation into the 118th Congress.
Jane's Law: HR 6988
118th CONGRESS
JANE'S LAW: HR 6988
H. R. 6988
To amend title 18, United States Code, to strengthen the enforcement of certain court ordered property distributions.
IN THE HOUSE OF REPRESENTATIVES
January 12, 2024
Mr. D'Esposito (for himself, Mr. Costa, Mr. Carson, Mr. Swalwell, Mr. Grijalva, Mr. Lawler, and Ms. Sánchez) introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To amend title 18, United States Code, to strengthen the enforcement of certain court ordered property distributions.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as “Jane’s Law”.
SEC. 2. SPOUSAL OBLIGATIONS.
(a) In General.—Chapter 11A of title 18, United States Code, is amended—
(1) in the chapter heading by inserting “AND SPOUSAL OBLIGATION” after “CHILD SUPPORT”; and
(2) by adding at the end the following:
Ҥ 228A. Failure to pay legal spousal court-ordered property distribution
“(a) Offense.—Whoever knowingly, travels in interstate or foreign commerce, with the intent to evade compliance with a court ordered property distribution shall be imprisoned for not more than two years, fined under this title, or both.
“(b) Mandatory Restitution.—Upon a conviction under this section, the court shall order restitution under section 3663A in an amount equal to the total unpaid amount under the court ordered property distribution.
“(c) Definition.—The term ‘court ordered property distribution’ means an amount of more than $5,000 determined under a court order pursuant to the law of a State or of an Indian tribe to be due to a spouse or former spouse as an equitable or other distribution of assets in connection with a separation or divorce.”.
(b) Table Of Sections Amendment.—The table of sections at the beginning of chapter 11A of title 18, United States Code, is amended by adding at the end the following:
“228A. Failure to pay legal spousal court ordered property distribution.”.
“I never gave up because I don’t want this to happen to anyone ever again.” JANE MAHARAM quoted in THE NEW YORKPOST
WHAT PEOPLE ARE SAYING:
"We have regretfully seen far too many instances of individuals utilizing loopholes in the law to avoid being held accountable and paying their court-ordered settlements to former partners after divorce or separation legal proceedings... Jane's Law is a commonsense bipartisan solution that would ensure the verdict of a court cannot be ignored simply by crossing state lines and ensure there is justice for individuals who have been financially wronged by their former partners." REP. ANTHONY D'ESPOSITO (NY-04)
"Ex-spouses who intentionally and deliberately flee their state to evade payment are breaking the law, plain and simple. Many women like Jane Maharam have been victimized by these injustices...I'm proud to lead this legislation to close this loophole and ensure women get the justice they deserve." REP JIM COSTA (CA-21
“I enthusiastically support "Jane's Law" and feel that this legislation will be important in assisting individuals whose spouses or former spouses are attempting to avoid compliance with court-ordered property distributions by crossing state lines. The current lack of enforcement of such court orders mandating division of marital property is ruining countless lives. I feel that if enacted, Jane's Law could bring untold numbers of deadbeat spouses and ex-spouses to justice.…You are making history in your battle to win new rights…Keep up your courage. Fight back and win!” GLORIA ALLRED, ESQ. (World -renowned attorney/advocate for women's rights)
“Far too many people across the country find themselves in the same shoes Jane Maharam found herself in more than 25 years ago…Her ex-husband escaped his legal responsibilities because he fled the state and the courts were unable to enforce the law due to a loophole. It is time we close that loophole and ensure Jane and others like her get the justice they deserve.” REP. STEVE COHEN (TN-09)
"When Jane began her odyssey, she had no way to know that she would impact the lives of many; in addition to her efforts to close the loopholes and amend our laws, Jane has worked to educate about spousal obligation and how men and women facing divorce can protect themselves." New York University Alumni Tribute [Jane Maharam , NYU Class of 1952]
“…it is an incredible injustice not just to the Jane Maharam’s of the world, or other spouses, predominately women, who are left high and dry by deadbeat spouses…” WNBC-TV EVENING NEWS
"My late mother, Jane, always believed in not taking the easy way out and to never give up. SHE wanted a TURNABOUT for justice and to prevent marital assets from being stolen across state lines. She jumped hurdles to present the loophole to Congress, and it's wonderful to move forward with Rep D'Esposito and Rep Costa leading bi-partisan Jane's Law in this 118th Congress ." PATSY MAHARAM (writer/composer: Jane's daughter)
Pictured: Jane Maharam circa 1980 in her Long Island, NY home
"Can't Give Up": Written & Performed by Jane's daughter, Patsy Maharam.
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