Legal Commentary

getting his musty money back

By David A. Giacalone

There may finally be a legal resolution to the case of Casadei v. Skoog, which we first covered here at f/k/a in December of 2004, but which began in a musty basement of a historic house in Schenectady in October of 2003, with a handyman’s discovery of a Hefty bag that purportedly contained over $200,000 in cash. We dubbed it the Musty Money Mob caper, and have long been intrigued by the twisted and twisting tale of consumer folly, financial intrigue, greed, law enforcement incompetence, and lawyer over-reaching. Indeed, we called it “a ready-made, multi-subject law exam question for students, professors or lawyers wanting to show off their issue-spotting skills,” and added, “It?s a tale that leads one to ask: Is there intelligent life in this once prosperous home of Thomas Edison, GE, and legal giants?”

While listening to the 9 A.M. news on WAMC, my local npr station, I learned from their Roundtable newscaster — as amplified in today’s Albany Times Union — that:

“State Supreme Court Justice Vincent J. Reilly Jr. ruled in a written decision dated March 17 that the $177,700 in question does belong to Michael Casadei, owner of the home at 241 Union St. That’s where handyman Kevin Skoog says he found the money while doing work installing a security system in October 2003.”

See “Owner gets back hidden cash stash: Judge rules money found in home by handyman needs to be returned to resident” (by Lauren Stanforth, Albany Times Union, March 25, 2008); and “Judge: Money handyman took from basement belongs to homeowner” (Newsday, march 25, 2008).

The Schenectady Gazette reports: “Reilly noted Casadei testimony that he placed the cash there and Skoog did not have permission to remove it. ?Under the circumstances, the cash cannot be considered lost or abandoned property which may be subject to the rights of the finders,’ Reilly wrote.” See “Owner wins cellar cash stash” (March 25, 2008) Skoog’s lawyer Paul Callahan is quoted saying he will ask Judge Reilly to reconsider the decision. Callahan asserts that the judge never considered his written argument.

Actually, even if Judge Reilly’s decision is not appealed, this may not be the final resolution, because Casadei — who has never quite explained where the money came from and why he did not initially contact the Schenectady Police Department over the theft — says there was as much as $210,000 in the bag, $48,500 of which Skoog had quickly spent, and another $32,300 is unaccounted for, but which he wants back from the ex-con handyman.

By the way, my first job after moving to Schenectady in 1988 was a temporary stint as law clerk to Judge Reilly, in Family Court. I’ve never discussed the case with the Judge, but never had much doubt that Mr. Skoog had no right to that money. Also, there is no chance that Judge Reilly failed to consider any pleading filed by Skoog’s lawyer.

The Roundtable’s Joe Donahue asked the question that still bothers me this morning: Why would anyone hide $200,000 in hundred dollar bills in a basement (but leave it in a place where it could be found by a mysterious roving handyman)?  Under the fold, I have reprinted our original 2004 posting about the Musty Money Mob, and I guarantee (your money back, of course) you’ll find it an interesting and fun story.

small talk
in the cellar
spring rain

?.. by Kobayashi ISSA, translated by David G. Lanoue

Full post as published by f/k/a . . . on March 25, 2008 (boomark / email).