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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
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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

Rewards rate
5X milesEarn 5X miles on hotels, vacation rentals and rental cars booked through Capital One Travel
2X milesEarn unlimited 2X miles on every purchase, every day
Intro offer
Open Intro bonus
Enjoy a $250 travel credit & earn 75K bonus miles
Annual fee
$95
Regular APR
19.49% - 28.49% (Variable)
Recommended credit
Open Credit score description
670-850Excellent, Good

Pros

  • Stellar welcome offer of 75,000 miles after spending $4,000 on purchases in the first three months from account opening. Plus, a $250 Capital One Travel credit to use in your first cardholder year upon account opening.
  • You'll earn 2 miles per dollar on every purchase, which means you won't have to worry about memorizing bonus categories
  • Rewards are versatile and can be redeemed for a statement credit or transferred to Capital One’s transfer partners

Cons

  • Highest bonus-earning categories only on travel booked via Capital One Travel
  • LIMITED-TIME OFFER: Enjoy $250 to use on Capital One Travel in your first cardholder year, plus earn 75,000 bonus miles once you spend $4,000 on purchases within the first 3 months from account opening - that’s equal to $1,000 in travel
  • Earn unlimited 2X miles on every purchase, every day
  • Earn 5X miles on hotels, vacation rentals and rental cars booked through Capital One Travel
  • Miles won't expire for the life of the account and there's no limit to how many you can earn
  • Receive up to a $120 credit for Global Entry or TSA PreCheck®
  • Use your miles to get reimbursed for any travel purchase—or redeem by booking a trip through Capital One Travel
  • Enjoy a $50 experience credit and other premium benefits with every hotel and vacation rental booked from the Lifestyle Collection
  • Transfer your miles to your choice of 15+ travel loyalty programs
  • Top rated mobile app