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Bob knowingly pays Rob for doing something illegal (handing over an item that Rob has stolen, murdering Alice etc. — you name it).

Both are caught and sent to jail.

Now, will Rob legally own the money Bob paid him? Does the Clean Hands doctrine prevent Bob from obtaining a court order that Rob gives him the money back?

The doctrine says that Bob won't have it as an equitable remedy. But does the remedy necessarily need to be equitable?

(Any common law jurisdiction.)

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  • Knowing what, that he pays Rob?
    – kisspuska
    Commented Jan 11, 2022 at 1:36
  • @kisspuska That he pays for doing something illegal.
    – Greendrake
    Commented Jan 11, 2022 at 1:49

3 Answers 3

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As the money is the fruit of a crime, it can be sized by the government, and neither Bob nor Rob will retain it.

Stolen property is usually returned to the legal owner, when the owner can be identified, but other fruits of crime, such as the proceeds of unlawful drug sales, are often subject to seizure by the government. See "civil forfeiture".

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  • When money is stolen from someone it is also a fruit of a crime, but nevertheless it would be returned to them, so this does not answer the question.
    – Greendrake
    Commented Jan 11, 2022 at 2:07
  • @Greendrake just because it may be seized from the wrongdoers, and returned to the person harmed does not mean that among the two conspired to commit the wrong or agreeing to commit wrong in the transfer of the converted chattel the money will not be returned to either one of them. So David Siegel’s answer does answer your question: Since the transaction was not legal, Rob did not become the legal owner of the money (nor did he become the equitable owner of it), and it can be seized otherwise it couldn’t be.
    – kisspuska
    Commented Jan 11, 2022 at 2:41
  • 1
    @Greensrake the question does not describe the money as having been stolen from anyone.
    – phoog
    Commented Jan 11, 2022 at 2:42
  • 1
    @Greendrake See my recent edit to this answer.. Commented Jan 11, 2022 at 2:56
  • @phoog Indeed the question does not mention stolen money. However, the first paragraph of the answer claims to be much wider applicable than to the question. Was it correct only in relation to the question? Or was it always true that fruits of crimes get seized? That had to be clarified.
    – Greendrake
    Commented Jan 11, 2022 at 4:32
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The maxim is codified in statute, and therefore it binds courts in providing legal remedy as though they provided it in equity; Bob could not obtain legal remedy either.

Cal. Civ. Code § 3317

No one can take advantage of his own wrong.

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  • It's not clear why getting your money back would be called "taking advantage". That said, why Rob would be allowed to take advantage of Bob?
    – Greendrake
    Commented Jan 11, 2022 at 1:32
  • The advantage would be the remedy provided by the court whether or not the chattel is seized or not (it is). If it wasn’t, Bob’s case would be moot, and would not receive remedy since he had the chattel; if it is seized, the advantage is, at least, the opportunity in the criminal enterprise until discovered and prosecuted. They are also in equal fault or in pari delicto; either one of them permitted to retaining the benefit of the wrong would permit one of them to take advantage of it.
    – kisspuska
    Commented Jan 11, 2022 at 2:03
  • @Greendrake Now, if you could kindly assert as to why the answer is not worthy of your affirmative vote.
    – kisspuska
    Commented Jan 11, 2022 at 3:05
  • I'm confused as to what "chattel" you're talking about. The question is not limited to Bob receiving a stolen chattel (he could be paying for anything illegal e.g. a service), so your explanation should not hinge on that. I would also expect the answer itself to be improved, not just commented.
    – Greendrake
    Commented Jan 11, 2022 at 4:21
  • @Greendrake The only sensible construction to your comment question I could make was that it referred to the “item” handed over and not the murder-for-hire scenario; getting the money back he paid to induce the crime is hard to fathom how would not create an advantage to Bob since it is presumed the murder is carried out, now he would get it for free. That’s nonsense. And this would apply in all crime-for-hire analogues. So the scenario remains where there is something to be seized — that’s where my answer applies.
    – kisspuska
    Commented Jan 11, 2022 at 4:36
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Clean hands is a requirement for a court to choose to apply an equitable remedy - equitable remedies are always at the discretion of the court.

From the example above, Bob does not have clean hands so cannot be granted an equitable remedy such as, the very applicable unjust enrichment. At the same time, the contract is void ab initio as it is for an illegal purpose so neither Bob nor Rob can enforce it - the court can make no orders regarding the money vis-a-vis Bob and Rob.

Of course, the money might be the proceeds of crime (if the “contract” was for the commission of a crime rather than just being unlawful without being criminal) and subject to state seizure.

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  • So, it a nut shell, if Bob pays money to commit a crime, he loses it to the government?
    – Greendrake
    Commented Jan 11, 2022 at 2:30
  • @Greendrake probably
    – Dale M
    Commented Jan 11, 2022 at 7:28
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    Even if the government doesn't seize it, the courts will not enforce honor among thieves.
    – ohwilleke
    Commented Jan 11, 2022 at 9:29

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