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Hans Reiser Sued By Own Kids For $15 Million

New submitter haruchai writes "The Reiser kids, now aged 12 and 11, have had a lawsuit filed against the former Linux developer, inventor of ReiserFS and convicted murderer of the mother of his children, to the tune of $15 million. It's believed he may have hidden assets and a judgment is sought so a search for these can be conducted." A judge denied requests that the kids testify or return to the U.S. for their own well-being.

20 of 265 comments (clear)

  1. Maniacs, all maniacs by WhiteHover · · Score: 5, Funny

    This just shows that FOSS fanatics are maniacs in real life too, and can't be trusted. I mean come on, you put your business into hands of these maniacs? Maniacs!

    1. Re:Maniacs, all maniacs by hcs_$reboot · · Score: 5, Funny

      What? His wife committed adultery. She preferred ext4.

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    2. Re:Maniacs, all maniacs by LordLimecat · · Score: 4, Interesting

      Open source versus closed source is not an indication of a trust in a persons professional capacity or ethics. To try to say that this man's mental state is any way indicative of all mental states of open source developers is just offensive and stupid.

      And yet GP (gweihir, here) strongly implied that the OPs trolling was indicative of all "opponents of FOSS"-- and got modded +5 for it. Double standard much?

      Im not saying YOU'RE wrong, its just wacky how someone can say almost anything supportive of FOSS on this site and get modded up for it.

  2. "sued by own kids" by mfwitten · · Score: 5, Insightful

    Sure...

    His kids don't know what the heck is going on. As always, the kids are just tools in the machinations of the adults.

    1. Re:"sued by own kids" by Anonymous Coward · · Score: 5, Funny

      In America, you sue kids?! ;)

  3. Wouildn't his kids inherit his money anyway? by GodfatherofSoul · · Score: 5, Insightful

    Hmmm, I guess the guardians can't wait that long. Besides, what are they going to do if he doesn't cooperate, throw him in jail?

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    1. Re:Wouildn't his kids inherit his money anyway? by wvmarle · · Score: 4, Informative

      They're after hidden assets - which are going to be hard to claim after his death when no-one knows it exists (in a related note, I do sometimes wonder indeed what happens to such hidden Swiss bank accounts, where only the account holder knows of, when this person dies). They don't know whether he has any money, they think he does, and are trying to find that out.

    2. Re:Wouildn't his kids inherit his money anyway? by u38cg · · Score: 5, Informative

      Bank accounts: typically, the account gets closed after several (potentially many) years of non-activity, and the bank then retains a liability if the owner or estate ever shows up. Depending on the laws of the particular state, this liability can usually be written off after a period of time, similar to abandoned property. Usually the profit accrues to the bank, but some states have laws regarding how such funds are used.

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    3. Re:Wouildn't his kids inherit his money anyway? by wvmarle · · Score: 4, Informative

      I see. I know many countries have laws that stipulate that such unclaimed heritage goes to the government, which then can use it for the general good. Sounds very reasonable to me; better than having it go to the profit of some private business.

    4. Re:Wouildn't his kids inherit his money anyway? by reub2000 · · Score: 4, Informative

      According to wired, the lawyers are working pro bono on this.

    5. Re:Wouildn't his kids inherit his money anyway? by icebraining · · Score: 4, Insightful

      The bank didn't "earn" that money either. The only earned whatever fees and/or interests contracted with the account holder. If they hold it for 30 years, then they have 30 years of fees to subtract from the account, nothing more.

    6. Re:Wouildn't his kids inherit his money anyway? by Paradise+Pete · · Score: 5, Interesting

      Seems perfectly fair if I agree to hold people's money and take liability for it for many years, and you disappear with no will or anything else, that I should keep the money

      So if you hold my money for years, then I want it back, you have to give it to me and get nothing extra. But if I die without instructions then you get to just keep it? Seems like that gives you the wrong sort of incentive.

  4. Re:How is this tech/science/... related? by Compaqt · · Score: 4, Insightful

    Come on, man, you know perfectly well why the story was posted: because it's going to get upwards of 200 comments and a whole lot of pageviews because we're all morbidly interested in the nextgen filesystem developer turned murderer.

    Now, what you really meant to say is: Fellow geeks, we ought not to take interest in this story.

    --
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  5. Hidden assets. by fahrbot-bot · · Score: 5, Funny

    It's believed he may have hidden assets and a judgment is sought so a search for these can be conducted.

    Probably in an vnode. Try "reiserfsck".

    --
    It must have been something you assimilated. . . .
  6. Children that sue? by wvmarle · · Score: 4, Insightful

    I wonder who really initiated the suit. Not likely the kids: what do they know about money, at that age, let alone law suits? Why would those children suspect the existence of hidden assets? They probably don't even know what the word means.

    So other than these two children, who's going to benefit? Is this initiated by some lawyers that do the suing on behalf of the children? Is it initiated by their legal guardian who hopes to get access to (part of) that money?

    1. Re:Children that sue? by TheInternetGuy · · Score: 5, Informative

      I wonder who really initiated the suit. Not likely the kids: what do they know about money, at that age

      The lawsuit was initiated by the children's grand mother (Nina Reisers mother) who is their legal guardian and with whom the children now live in Russia.
      I don't pretend to know anything about her motives, but I don't see anything wrong with a grand mother trying to secure her grandchildren's future. Especially after all they have been through.

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  7. Yes, they did. by wanax · · Score: 4, Informative

    The only reason the bank protected peoples' money for many years in the first place, and why Switzerland draws so many international deposits, is because they have a long record of effective government, an independent legal system and bank controls. Moreover, given that most modern governments guarantee deposits up to a certain level (100k CHF in this case), much of the depository risk is borne by the government and ultimately the tax payer, not the bank. And the bank has already made its (legitimate) profit by having access to the principal to lend against for many years. But hey, when you can ignore those inconvenient facts to privatize profits while socializing the risk, you gotta do it, right?

    1. Re:Yes, they did. by rahvin112 · · Score: 4, Interesting

      The only reason the bank protected peoples' money for many years in the first place, and why Switzerland draws so many international deposits, is because they have (IMO) a long history of completely ignoring illegal deposits and are complicit in money laundering. They are the first bank of criminal enterprises that want guaranteed security without fear of disclosure or seizure. Why else do you think they were the bankers of the Nazi's? Why else do you think most of the worlds wealthiest citizens and biggest despots store "hidden" money in swiss accounts?

      The Swiss have always been the bankers for the evilest people in the world and they have been because they don't care who you are or where your money came from. According to the lawsuit the US government is undertaking against the Swiss banks they not only solicited but actively assisted US citizens in hiding assets. Investigations by other countries have revealed the same pattern of behavior. There is a bit of purity in not caring about where the money came from, but a lot of that money is covered in blood and the Swiss have never cared.

  8. The ego the size of the plamet. by westlake · · Score: 5, Informative

    It's five in the morning here and I am in no mood to be charitable.

    The lawsuit was initiated by the children's grandmother. Their legal guardian. Her lawyers are working pro bono.

    No fees. No slice of the pie. Got that?

    Moving on.

    Reiser is defending himself.

    In a way, he is always defending himself. Reiser, it seems, can do no wrong.

    He is the one who asked the judge to drag the kids into court.

    "Why?" you ask.

    What he wanted to do was to draw them into a grandiose scheme to promote his new and improved conspiracy theories and defense for the murder. The judge isn't playing along.

    He claims his wife was abusing the kids, that she had Factitious disorder by proxy --- often referred to as Munchausen syndrome by proxy --- where a caregiver harms or even kills someone they are in charge of in order to gain sympathy and attention. During the 2008 trial, Reiser alluded to that as well, accusing his wife of having the disease when she wanted to get their son surgery for severe hearing loss.

    In the unlawful death case, he now says why: ''I defended my children from harm.'' He added that, by murdering his wife, ''I stopped multiple felonies by doing so.''

    In his papers, he accuses the courts, the prison system, county children's services, his trial attorneys and others of conspiring against him, during his murder trial and now in the civil case.

    ''There are extensive legal grounds under multiple arguments for defending an innocent child when the state will not, at the cost of a non-innocent party's life,'' Hans Reiser wrote.

    Convicted of Murder, Linux Guru Hans Reiser Returns to Court to Fight Civil Suit

    "Wired" has it all, in Reiser's own handwriting.

    More.

    The beginning of Monday's trial was marked by impatience from the judge and the children's legal team. The complaint against Reiser was originally filed in August 2008 by the children's maternal grandmother and legal guardian, Irina Sharanova. The case has been stalled as Reiser filed various motions to delay proceedings and claimed that he has not had adequate access to his legal documents while at Pleasant Valley State Prison in Coalinga.

    ''This trial has been pending for a really long time,'' said Judge Dennis Hayashi about the pretrial claims. ''I also made it clear that I'm not delaying this any further. ... We need to move on.''

    Reiser, dressed in his orange prison uniform and appearing antsy at Hayashi's denials, has subpoenaed his children to appear in court.

    They are living in Russia with Sharanova and are not expected at the trial, [Sharanova's attorney] said.

    "I personally don't think it would do the children any good to come here and testify in this trial,"

    "They'd have to relive what they went through as very young children."

    Both of the children were at their father's house in the Montclair district when the killing is believed to have taken place.

    Jury selection begins in Hans Reiser civil trial

  9. Ya well we already knew that by Sycraft-fu · · Score: 4, Interesting

    His mouth was what got him convicted in the first place. The prosecution's case against him was circumstantial. It was fairly good, but as I said circumstantial, no physical evidence, not even any evidence his wife was dead. While they can and do get convictions on that (they wouldn't bring it to trial if it never worked) it is harder.

    There is a reasonable chance he may have gotten off had he kept his trap shut and let his legal team work. They did have an at least somewhat plausible theory: That his wife had run off to Russia. While that isn't without issues to poke holes in, it might just have been plausible enough, combined with the lack of physical evidence, to generate reasonable doubt.

    However he insisted on taking the stand and that was the end of him. Between his completely arrogant attitude and his logical inconsistencies, the prosecution was able to just skewer him on cross examination, sealing the outcome.

    The problem is he has a sever case of something many geeks seem to have: Smartest Motherfucker in the Universe Syndrome. He really believes he is WAY smarter than everyone else and he's not afraid to let everyone know it. While he may consider that he's doing people a favour by "enlightening" them to his superior intellect, most people see that as being an arrogant prick and don't like him for it. Also, it leads him to believe he can get away with shit like, say, murder. He can do as he pleases because he's so much smarter than everyone, there's no way those poor dummies can ever catch up with him.

    Hence, this bullshit. He still thinks he's smarter than the courts, the police, the lawyers.