Thursday

11

April 2013

Question: Is it Legal to Record a Conversation in Colorado?

Written by , Posted in Common Law

Answer:

Under Federal law, it’s illegal to record telephone conversations unless you live in a state that permits one party consent, which means that a person can record their own phone conversation without the other party’s consent or knowledge. Colorado is a one party consent state. Calls that cross state lines can be more complicated if the call is being made to or received from a state that requires more than one party to consent to the recording, and in those instances there could be a violation of the state law that requires more than one party to consent, as well as violations of Federal law. There are some different rules that may apply to businesses, and a further inquiry into those regulations should be conducted by businesses considering recording of conversations.

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Wednesday

10

April 2013

Question: Is It Legal to Make Moonshine?

Written by , Posted in Statutory Law

Answer:

A person cannot produce spirits for beverage purpose without paying taxes and receiving prior approval of paperwork to operate a distilled spirits plant.  Under 26 USC Section 5601, there are criminal penalties for the following:  1) unregistered stills; 2) failure to file application; 3) false or fraudulent application; 4) failure or refusal of distiller, warehouseman, or processor to give bond; 5) false, forged, or fraudulent bond; 6) distilling on prohibited premises; 7) unlawful production, removal, or use of material fit for production of distilled spirits; 8) unlawful production of distilled spirits; 9) unauthorized use of distilled spirits in manufacturing processes; 10) unlawful processing; 11) unlawful purchase, receipt, or processing of distilled spirits; 12) unlawful removal or concealment of distilled spirits; 13) creation of fictitious proof; 14) distilling after notice of suspension; and 15) unauthorized withdrawal, use, sale, or distribution of distilled spirits for fuel use.  Additionally under Section 5602, there are federal crimes for tax fraud by a distiller.

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