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Cautionary tale: Liquidating your spouse's points when their assets are frozen can land you in jail

Nov. 02, 2019
3 min read
Gift cards
Cautionary tale: Liquidating your spouse's points when their assets are frozen can land you in jail
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As Amanda Merrill learned recently, credit card rewards are considered assets by the Department of Justice. According to a press release from the United States Department of Justice in the District of Maryland, she pleaded guilty to the federal charge of conspiracy to remove property to prevent seizure, obstruct justice, and disobey court orders after trying to use American Express Membership Rewards points earned on her husband's business card.

Related: Choosing the best American Express card for you

Amanda's husband, Kevin Merrill, was indicted on Sept. 11, 2018 on federal charges of conspiracy to commit wire fraud, identity theft, money laundering conspiracy and money laundering in connection with a $394 million Ponzi scheme. The Sept. 11, 2018 indictment included forfeiture of $39 million, six real estate properties, 25 cars, a boat, an interest in an aircraft, an insurance policy and jewelry. But, the Securities and Exchange Commission also brought civil enforcement action against Kevin Merrill two days later on Sept. 13, 2018 in which they issued a temporary restraining order freezing assets and directed anyone who currently held affect assets to disclose these items.

So, where do the points come in? Amanda Merrill was specifically warned against attempting to hide or move assets. Yet, starting on Oct. 3, 2018, she redeemed American Express Membership Rewards points from her husband's business credit card, for which she wasn't an authorized user, for 127 gift cards to businesses including Target, Home Depot, Nordstrom, Sephora and Starbucks.

The 127 gift cards were an attempt to liquidate Membership Rewards points. (Photo by Beatrix Boros/Stocksy)

The Department of Justice says the gift cards she obtained using his Amex points were worth $26,075. Since you usually only get 0.7 cents of value per Amex point when redeeming toward gift cards, this means she likely redeemed around 3,725,000 Membership Rewards points. TPG's latest valuations peg the value of these points at $74,500, which is enough to plan some amazing trips -- assuming your points aren't earned through illegal means.

Amanda Merrill will be sentenced on Jan. 22, 2020 and the government will likely recommend that she serve 12 months on electronic home monitoring with work release and restitution since she has two young children.

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U.S. Attorney Robert K. Hur had the following to say about the case:

This prosecution demonstrates our commitment to the integrity of the judicial process. When the district court enters an order in a case, we expect the affected persons to abide by the order, not conspire to remove and hide assets...We will prosecute those, like Amanda Merrill, who hide assets which are subject to seizure, who obstruct justice, and who attempt to keep ill-gotten gains for their own benefit rather than restoring them to the victims of fraud.

It's unclear how the government would have used Merrill's American Express Membership Rewards points to help victims of fraud. But, if you're looking for how to use your (legally obtained) Membership Rewards points, here are some ideas:

TPG featured card

Best for businesses with high spending
TPG Editor‘s Rating
4.5 / 5
Go to review

Rewards

2 - 10X miles

Intro offer

LIMITED-TIME OFFER: Earn up to 400K bonus miles

Annual Fee

$395

Recommended Credit

740-850
Excellent

Why We Chose It

The Capital One Venture X Business Card has all the Capital One Venture X Rewards Credit Card has to offer and more. It offers an incredible welcome bonus and requires an equally impressive spend to qualify. In addition, the card comes with premium travel perks like annual travel credit. (Partner offer)

Pros

  • The Capital One Venture X business card has a very lucrative welcome offer.
  • In addition, the card comes with many premium travel perks such as an annual $300 credit for bookings through Capital One Business Travel.
  • Business owners are also able to add employee cards for free.

Cons

  • The card requires significant spending to earn the welcome offer.
  • Another drawback is that the annual travel credit can only be used on bookings made through Capital One Business Travel.
  • LIMITED-TIME OFFER: Earn up to 400K bonus miles: 200K miles when you spend $30K in the first 3 months, and an additional 200k miles when you spend $150k in the first 6 months
  • Earn unlimited 2X miles on every purchase, everywhere—with no limits or category restrictions
  • Earn 10X miles on hotels and rental cars and 5X miles on flights and vacation rentals booked through Capital One Business Travel
  • With no preset spending limit, enjoy big purchasing power that adapts so you can spend more and earn more rewards
  • Empower your teams to make business purchases while earning rewards on their transactions, with free employee and virtual cards. Plus, automatically sync your transaction data with your accounting software and pay your vendors with ease
  • Redeem your miles on flights, hotels and more. Plus, transfer your miles to any of the 15+ travel loyalty programs
  • Every year, you'll get 10,000 bonus miles after your account anniversary date. Plus, receive an annual $300 credit for bookings made through Capital One Business Travel
  • Receive up to a $120 credit for Global Entry or TSA PreCheck®. Enjoy access to 1,300+ airport lounges worldwide, including Capital One Lounge locations and Priority Pass™ lounges, after enrollment
  • Enjoy a $100 experience credit and other premium benefits with every hotel and vacation rental booked from the Premier Collection
  • This is a pay-in-full card, so your balance is due in full every month
Apply for Capital One Venture X Business
at Capital One's secure site
Terms & restrictions apply. See rates & fees
Best for businesses with high spending
TPG Editor‘s Rating
4.5 / 5
Go to review

Rewards Rate

2X miles2 miles per dollar on every purchase
5X miles5 miles per dollar on flights and vacation rentals booked through Capital One Business Travel
10X miles10 miles per dollar on hotels and rental cars booked through Capital One Business Travel
  • Intro Offer

    LIMITED-TIME OFFER: Earn up to 400K bonus miles
  • Annual Fee

    $395
  • Recommended Credit

    740-850
    Excellent

Why We Chose It

The Capital One Venture X Business Card has all the Capital One Venture X Rewards Credit Card has to offer and more. It offers an incredible welcome bonus and requires an equally impressive spend to qualify. In addition, the card comes with premium travel perks like annual travel credit. (Partner offer)

Pros

  • The Capital One Venture X business card has a very lucrative welcome offer.
  • In addition, the card comes with many premium travel perks such as an annual $300 credit for bookings through Capital One Business Travel.
  • Business owners are also able to add employee cards for free.

Cons

  • The card requires significant spending to earn the welcome offer.
  • Another drawback is that the annual travel credit can only be used on bookings made through Capital One Business Travel.
  • LIMITED-TIME OFFER: Earn up to 400K bonus miles: 200K miles when you spend $30K in the first 3 months, and an additional 200k miles when you spend $150k in the first 6 months
  • Earn unlimited 2X miles on every purchase, everywhere—with no limits or category restrictions
  • Earn 10X miles on hotels and rental cars and 5X miles on flights and vacation rentals booked through Capital One Business Travel
  • With no preset spending limit, enjoy big purchasing power that adapts so you can spend more and earn more rewards
  • Empower your teams to make business purchases while earning rewards on their transactions, with free employee and virtual cards. Plus, automatically sync your transaction data with your accounting software and pay your vendors with ease
  • Redeem your miles on flights, hotels and more. Plus, transfer your miles to any of the 15+ travel loyalty programs
  • Every year, you'll get 10,000 bonus miles after your account anniversary date. Plus, receive an annual $300 credit for bookings made through Capital One Business Travel
  • Receive up to a $120 credit for Global Entry or TSA PreCheck®. Enjoy access to 1,300+ airport lounges worldwide, including Capital One Lounge locations and Priority Pass™ lounges, after enrollment
  • Enjoy a $100 experience credit and other premium benefits with every hotel and vacation rental booked from the Premier Collection
  • This is a pay-in-full card, so your balance is due in full every month