Monday, November 11, 2013

Open question: Could Maura Have Canadian Citizenship?

If a mother has a child in Canada, does she become a citizen of Canada? Would the U.S. even bother with extradition on a credit card fraud charge?

15 comments:

  1. I wouldn't imagine she'd have used her real identity to obtain Canadian citizenship. More likely she'd have assumed the identity of a dead girl or something along those lies. If she'd used her own name, we'd know about it by now. Although the FBI was not "called into help" on the case, I'm pretty certain that NH would have asked the feds to run such a check with Canada so close by (among the records listed in the FOIA case were some federal investigative files, if I recall correctly).

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  2. The FBI was, indeed, called in to help.

    Presumably Maura was/would have been in trouble for more than credit fraud. At this point, she might also owe the state some money for the search. My guess is that yes, they would extradite her if they found her now.

    Why do we now seem to believe the "ring of truth" letter? I have carefully analyzed that letter, and I am 100% convinced by the language that it was intended to distract or mislead. Some details of it may be true, as is the case in all dishonest statements. That doesn't mean we should believe it all.

    Why does the fact that we have identified a *possible* author of the letter mean that we should suddenly see it as containing possibly true information?

    It shouldn't. We shouldn't.

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  3. There's a Canadian Maura Murray in Toronto with a twitter page, but I don't think it's the Maura we're talking about:

    https://twitter.com/bratmurray

    This may be old news, so forgive me if this has been posted before.

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  4. Let's say that Maura is alive and in Canada. She's afraid that, if she emerges, she'll be charged with credit card fraud.

    She probably reads your blog. So if you can convince her that she won't be charged, then she can come back to the US.

    Would the DA charge Maura? Call his office and ask whether he would.

    I'd guess no. He is, after all, elected.

    Would the victim be interested in testifying?

    I haven't seen anything here about the victim. Maybe she lives out of state. That would make a trial difficult. Maybe she's dead. That would make one impossible. Maybe she's forgiven Maura and moved on, forgotten the details, etc.

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  5. "Section 3(2) of the current act states that Canadian citizenship is not granted to a child born in Canada if, at the time birth, neither parent was a Canadian citizen or Canadian permanent resident." http://en.wikipedia.org/wiki/Canadian_nationality_law This implies that no she would not have been granted Citizenship because of this. But if the dad is Canadian the child would be too.

    Now could Maura have become a citizen by naturalization ("has lived in Canada for a total of 1095 days during the four years preceding the application for citizenship, including two years as a permanent resident")? Yes i think that is possible.

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  6. @Sam - I don't think Maura could be charged with anything dating back to 2004 or earlier at this point due to statutes of limitations. As far as I know, they would have had to charge her in absentia to stop the statute from tolling. I believe you are an attorney, so maybe you know something I don't in that regard, but I don't see how she could be charged now with theft, drunk driving, etc dating back to 2004.

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    Replies
    1. There is a six year statute of limitations; however, it applies only to those who reside in the state publicly during those six year.

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    2. Thanks for the the clarification - I knew I was missing something!

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  7. Maura would not be charged for her search because it's not illegal for an adult to disappear. Evading law enforcement is another matter, but there hasn't been any indication that the police are or were searching for her in relation to a criminal matter.

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  8. Just a pondering, but could she be in New York, with a young man and working as say a nanny or even a stay at home girlfriend/wife and be staying under the radar. Nannies are often paid in cash and having a nursing school education would make her valuable as a Nanny. Everything might would be registered with her boyfriends name.

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  9. Viktor, I believe people born before the current legislation would still be able to become Canadian citizens. I have said this here before, but someone back then could easily get across the border without showing any identification. Also, if the person Maura came to be with in Canada (in this scenario we're imagining) had enough money, Maura would not need to work, or ever show ID for anything (except for health care).
    CamTheCanadian (needing to yet again use a different 'login' here.)

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  10. To answer James' original question, I don't think the U.S. would bother with extradition for credit card fraud (especially over the value of a few pizzas). There are notorious cases where it was hard to extradite murderers (Charles Ng is one example: http://en.wikipedia.org/wiki/Charles_Ng). I think the potential costs of fighting an extradition in a case of low value and low impact to the victim would mean it's ignored.

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  11. OK, now I am responding to myself as I sit here and think about everything. If you were to add some potential DUI charges to it, would they bother? More likely.

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  12. I am a Canadian citizen living in the town of NH where Maura disappeared. To become a Canadian citizen from the US by "naturalization" is close to impossible. You have to be a political refugee from a third world country. Crossing the border is not a big deal, but to pay taxes with an income is a big deal. Canada also has its fair share of problems with immigrants, especially if you look to live in places like Toronto. If you move to Montreal and don't speak French. good luck for you. Montreal's primary and main language is French, meanwhile Toronto is almost exclusively English

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  13. Hi - this is late, but I actually know something about this. It depends on the citizenship/naturalization laws at the time of the birth. I was born in Canada in 1980 to two American parents with no Canadian ties, and I am a dual citizen (Canada/U.S.) due to the laws in place between then and 1982, when my U.S. naturalization finalized.

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