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Adultery is a crime, judge tells man suing wife for reading lovers' emails : Law : Nigerialog.com - Nigeria's Premier Online Forum (83 views)

Adultery is a crime, judge tells man suing wife for reading lovers' emails

By dayan (M)December 22, 2016, 01:02:19 AM

Judge Richard Posner speaking at the University of Chicago Law School in 2013. (John J. Kim / Chicago Tribune)



Lawyers who practice before Chicago's most fearsome jurist have learned to beware the poison quill of U.S. Appellate Judge Richard Posner.

But Posner's latest lashing isn't for an attorney. It's for a man who sued his wife for reading private emails he allegedly sent his lovers.

Adultery is still a crime in Illinois, Posner noted in a scathing opinion published last week.

And "though it is a crime that is very rarely prosecuted," 70-year-old accountant Barry Epstein was improperly "seeking a reward for concealing criminal activity" when he sued his wife, Posner wrote.

The wife, Paula Epstein, filed for divorce after 41 years of marriage in 2011, accusing Barry Epstein of cheating, court papers show.

Unbeknownst to Barry Epstein, she'd allegedly set up his email to automatically forward her any emails he sent — including emails sent back and forth with several women.

Barry Epstein claimed that was a violation of the Wiretap Act. And Appellate Judges Diane S. Sykes and Daniel A. Manion last week agreed the case could go forward, overturning a lower court's ruling.

Posner agreed in a concurring opinion that "under the existing understanding of the Federal Wiretap Act Paula Epstein violated it if she searched her husband's computer for evidence of adultery by him that she could use against him in divorce proceedings, without having obtained his consent to her accessing his computer." But he added, "I don't understand why law should promote dishonesty and deception by protecting an undeserved, a rightly tarnished, reputation.

"We might compare Mrs. Epstein to a bounty hunter — a private person who promotes a governmental interest. She has uncovered criminal conduct hurtful to herself, and deserves compensation, such as a more generous settlement in her divorce proceeding."

Ouch! And Happy holidays!

kjanssen@chicagotribune.com

Twitter @kimjnews

Source


Re: Adultery is a crime, judge tells man suing wife for reading lovers' emails

By dayan (M)December 22, 2016, 01:03:42 AM
Quote
"We might compare Mrs. Epstein to a bounty hunter — a private person who promotes a governmental interest. She has uncovered criminal conduct hurtful to herself, and deserves compensation, such as a more generous settlement in her divorce proceeding." 

hehehe!
My kind of judge.  ;D  :))  8)


Re: Adultery is a crime, judge tells man suing wife for reading lovers' emails

By naijarian (F)December 22, 2016, 09:27:16 PM
"Unbeknownst to Barry Epstein, she'd allegedly set up his email to automatically forward her any emails he sent — including emails sent back and forth with several women."



Made sense to me oo..why d hell not biko???,


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