Already answered this question. The facts are too confusing to answer on this board. Consult a local attorney in person to discuss this matter.
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Are you the same person who keeps posting the same issue under different facts scenarios? If NO, why is your cousin telling you about conversations that he had with his cousin? He is violating the attorney-client priviledge and could face sanctions by the Grievance Committee. I suggest you stop posting about your cousin's conversations.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at Eric@RothsteinLawNY.com. The above answer is for informational purposes only and not meant as legal advice.