General Discussion

Siwsan

(26,263 posts) Sat Oct 8, 2016, 08:24 AM Oct 2016

Are non-disclosure agreements nullified if they are used to cover a criminal act?

It sounds like Trump made contestants sign NDA's before appearing or working on his tv show. If any of this groping activity was going on during the filming the show, could any of the victims or witnesses now come out and report what happened without fear of financial ruin?

10 replies

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Are non-disclosure agreements nullified if they are used to cover a criminal act? (Original Post) Siwsan Oct 2016 OP

I'm sure mark cuban or some other wealthy guy could set up a legal defense fund to defend all beachbum bob Oct 2016 #1

Pretty sure that you cannot use an NDA VMA131Marine Oct 2016 #2

Pretty sure you are right The Genealogist Oct 2016 #3

I thought that was the purpose of an NDA... lame54 Oct 2016 #9

NDA's are used in civil disputes . . . markpkessinger Oct 2016 #10

Once one is a candidate for POTUS, NDAs are worthless. longship Oct 2016 #4

Not sure if that would cover NDAs signed prior to declaring a candidacy Siwsan Oct 2016 #6

IANAL but an NDA is a contract & therefore requires "competent subject matter" Orrex Oct 2016 #5

Unfortunately, though, the degrading verbal stuff would probably be protected Siwsan Oct 2016 #7

It would keep them from going public Sgent Oct 2016 #8

beachbum bob

(10,437 posts)

1. I'm sure mark cuban or some other wealthy guy could set up a legal defense fund to defend all

Reply to Siwsan (Original post)

Sat Oct 8, 2016, 08:30 AM

Oct 2016

those who were forced to sign a NDA if they released it to the public

VMA131Marine

(4,139 posts)

2. Pretty sure that you cannot use an NDA

Reply to Siwsan (Original post)

Sat Oct 8, 2016, 08:30 AM

Oct 2016

To cover up criminal activity.

The Genealogist

(4,723 posts)

3. Pretty sure you are right

Reply to VMA131Marine (Reply #2)

Sat Oct 8, 2016, 08:47 AM

Oct 2016

lame54

(35,292 posts)

9. I thought that was the purpose of an NDA...

Reply to VMA131Marine (Reply #2)

Sat Oct 8, 2016, 09:45 AM

Oct 2016

you violate someone illegally
They threaten to sue
You pay them off and have them sign an NDA
Your problems go away

markpkessinger

(8,401 posts)

10. NDA's are used in civil disputes . . .

Reply to lame54 (Reply #9)

Sun Oct 9, 2016, 03:03 AM

Oct 2016

. . . not criminal acts. Generally, the sued party offers a settlement to the suing party to drop a lawsuit, on condition that the sued party admits to nothing, and the suing party doesn't disclose the details of the settlement.

longship

(40,416 posts)

4. Once one is a candidate for POTUS, NDAs are worthless.

Reply to Siwsan (Original post)

Sat Oct 8, 2016, 08:48 AM

Oct 2016

A public figure running for POTUS has no expectation for privacy. That is in the country's best interest.

Siwsan

(26,263 posts)

6. Not sure if that would cover NDAs signed prior to declaring a candidacy

Reply to longship (Reply #4)

Sat Oct 8, 2016, 08:55 AM

Oct 2016

But then, again, the country's best interest should be the priority.

Of course, if Republicans believed that, Trump wouldn't be their candidate, in the first place.

Orrex

(63,213 posts)

5. IANAL but an NDA is a contract & therefore requires "competent subject matter"

Reply to Siwsan (Original post)

Sat Oct 8, 2016, 08:49 AM

Oct 2016

A contract can't legally bind its parties to criminal action nor, I suspect, can it require either party not to report criminal action.

Siwsan

(26,263 posts)

7. Unfortunately, though, the degrading verbal stuff would probably be protected

Reply to Orrex (Reply #5)

Sat Oct 8, 2016, 09:07 AM

Oct 2016

Maybe anonymous sourced information can gain credibility, if the floodgates open.

Sgent

(5,857 posts)

8. It would keep them from going public

Reply to Siwsan (Original post)

Sat Oct 8, 2016, 09:23 AM

Oct 2016

but they could still go to the police / DA.

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