Missing Dad Who Faked Death to Be with Lover Contacts Police: Detectives

good evening it's ran it's today hell. and today is November 11th it's. p see. here in a surprising twist to a baffling. case a Wisconsin father who allegedly. faked his own death has now sent. authorities a video conf affirming he is.

alive and safe and possibly in Europe. the video has raised even more questions. about his disappearance and what is next. for the man who left behind his family. and a costly search effort welcome to. sidebar presented by law on crime I'm. Jesse. [Music]. Weber well it is certainly a shocking. new twist in an already shocking case a. Wisconsin man who allegedly staged his. own death 3 months ago leaving his.

family you know devastated has been in. regular communication with authorities. yeah he even sent them a video. confirming he was safe and sound what is. this I mean we brought you this case in. a previous episode of sidebar when we. learned had just learn that 45-year-old. father of three husband Ryan borgart. allegedly staged his own death after. disappearing in August under very. suspicious circumstances borgart left. behind his kayak and belong longings in.

Wisconsin's Green Lake leading. authorities to believe that he had. drowned but after weeks of intense. searching and also a digital forensics. investigation authorities discovered. what could be the chilling truth that. borgart instead had left the country to. go to Eastern Europe where he's now. apparently holed up in an undisclosed. location he by the way I got to say I. think with the content that we cover. here on sidebar many times it just goes. to show you how important person. personal safety is and that is.

especially true when you think about. protecting your privacy online I think. you'd be shocked at how much of your. personal information is out there like. your address and your phone number do. you ever wonder why you get so many spam. calls and emails that's because all that. information is public but that is where. our sponsor incog comes in it is a. service that helps you take control of. your online privacy by removing your. personal data from data Brokers these. huge companies that sell and trade your. information without your permission and. here's the kicker these data Brokers. have to remove you from their database. if you asked them to now if you're.

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it's been a minute since we've had you. on sidebar and what did I think what. better case to bring you on to talk. about one of the most bizarre stories. I've heard in quite some time just. overall yeah I mean overall just. thoughts on this the shock when we talk. about a father who's still alive uh and. now apparently communicating with police. I mean what a Twist horrible first of. all I would sum this up to say this is. the worst midlife crisis I have ever. seen in my life not it but yeah yeah.

yeah yeah because it's crazy you know. look how can it's bad enough for a man. to abandon his family um it's really. quite awful and the victims here are. really his wife and children and anybody. else who actually cares for this man um. but then to do so in such a horrible way. to make them think that you've died um. only to resurface and cooperate with. police and then make it clear that you. don't want to come home.

it's it's worse it's it's almost worse. than death for this family uh to have to. go through this it's just so terrible. and emotional so yeah it is bizarre yeah. and I want to talk to you about this. video so there's this news conference. that was held this week where the Green. Lake County Sheriff uh played a 24. second video sent or seemingly sent by. Ryan borgart earlier this month where he. can be heard quietly confirming that. he's alive and well and I should tell.

you we tried to boost the audio a little. bit but here you go good evening. it's. St today is November 11th it's. approximately 10. a.m. see here now at this time he is. keeping his location a secret as for why. he sent this video to police that has to.

do with the forensic investigation that. police conducted on a laptop that they. received from borgart wife last time we. brought you this story we mentioned that. he'd apparently been in contact with. some woman in usbekistan while. authorities they dug into Communications. on that laptop and they made contact. with this russian-speaking woman who put. them in touch with Ryan borgart don't. know for sure if that is the same woman. in question that he had been talking to. but.

police then asked him questions to. confirm it was really him and then they. asked him for a video so that's what. they got now Serena let me bring you in. on this because if he wanted to. disappear again why would he be. communicating with. police it's really strange I don't know. why he would and in fact I would have. advised him not to because he might be. facing which we'll talk about later I'm. sure some criminal charges and as a. criminal defense attorney you you know.

my first thing that I tell clients or. potential clients is do not speak with. police uh especially if you could be a. suspect in a crime so I don't know why. he would ever do that I think obviously. the police has have a good reason to. want to speak to him to check for signs. of life to check to see if he's there. voluntarily or is this a mission where. they have to you know extract him from a. location because he was kidnapped or. he's in danger very strange because you. also imagine if really wanted to pick up.

and start a new life why seemingly fake. your death if the go the goal is hey you. know listen I don't want my family to. think I'm dead then why did you. allegedly make it look like you're dead. why don't you just say I'm leaving I'm. going to Eastern Europe bye. everybody I don't get it like you you. want to make again taking all the. allegations is true either you want to. fake your death and make you look like. you died but now you kind of reversing. course after all the effort you made to. make it look like you died I'm confused. yeah I think I think this is a man in.

crisis I think he made some really. really bad decisions that he thought. were good decisions um and I think that. after that high wore off and maybe. perhaps he saw that they were not. stopping TR to try to track him down he. made some sort of statement that he. thought they would search for him for. two weeks and then give up um I think he. might have started to feel like he was. going to get caught anyway they were. going to find him anyway in today's day. an age it's not like the 70s and the 80s.

you can be so easily tracked um your. phone your computer so I maybe he just. realized the gig is up I'm going to get. caught I might as well just come out can. you tell where he is in this video and. let me couple that with this can you not. like you know where his location is I. mean do you think they're going to be. able to tell where he is just from that. background but also I'm wondering did he. specifically take that video in a. different location from maybe where.

staying right I mean if he's really. still trying to elude the police he. might have gone elsewhere um and it. depends on what device he used to make. that video so if he used his own cell. phone they can get a warrant for that. phone and conduct uh it's called a trap. and Trace warrant and a pen register and. basically they can triangulate his. location based on the signals of that. cell phone and what towers it's pinging. off of uh so it depends on the device he.

uses but it's not beyond the realm of. possibility that they could track him. via that. device now it's not just the fact that. his location is a mystery we also don't. know if he plans to come home to be with. his family our primary a dual. concern has been that he safely gets. back to us. soil he needs to return home to his. children.

if he chooses not to return it's on his. own free. will and I think the message is very. clear we have been continuing to contact. the. family um members regarding our. communication with. Ryan no warrants have been issued. yet we believe that warrants will not be. needed. if Ryan cooperates and decides to turn.

and return home soon doesn't look like. he's planning on coming home right and. even if I don't know if it's to start a. new life to be with maybe a woman you. wonder was this the way to go about it. but doesn't look like he plans to come. home right it doesn't it looks like the. police have been really kind of begging. him to come home pulling at his. heartstrings as they were saying uh to. try to convince him to come back and. you know it just it feels like if he had.

wanted to come back he would have. especially since he's already now. confirmed that he's alive um so again I. say I think he's a man in crisis so so. let me ask you this he could be facing. some pretty hefty consequences if he's. found or he returns to the country I'll. get to that in a minute but you heard. the the sheriff talk about a warrant. what would a warrant look like here how. would it work people like I mentioned. before they want to try to locate. somebody they could try to to you know. get a warrant to get a person to find.

that person also they want to. potentially search through his devices. um and you know people are entitled to. their privacy and a law enforcement. officer has to get uh proof that there. might be uh something uncovered that. would help in an investigation that a. judge has to approve of before they. could go in to somebody's home or into. somebody's devices because that is you. know private and it's covered uh so they. may be looking just for more clues. by getting those warrants issued I want.

to give everybody a little bit of. backstory here so borw Worth's. disappearance it set that family into a. literal Tales SP because in August he. was reported missing after his kayak was. found capsized in Green Lake authorities. discovered his vehicle was still parked. along with a fishing rod Tackle Box. personal items like his driver's license. his keys for weeks search teams scoured. the lake with divers sonar boats there. was a non profit group that was.

dedicated to finding drowning victims. they became a part of it and the. investigation then took this sharp turn. when authorities analyzed the laptop. that belonged to Borg work's wife and. what they discovered was an entire. digital footprint that he left behind. forensic experts found evidence of. financial transactions including money. that was apparently moved into a foreign. bank account the purchase of an online. or an airline gift card and even though. he had apparently gone to Great length. to try to wipe his foot footprint you. know removing the laptop's hard drive.

clearing his browser history even. changing his email address authorities. still establish this contact that he had. with this russian-speaking woman that we. mentioned earlier well apparently in. Communications with police borgart. actually Express remorse for the pain. that his actions have caused which like. you said Serena kind of goes into this. midlik crisis he might be having but I I. have to talk more about the family here. because they have to go through these. stages of grief first they want you know.

they're grieving thinking he died and. now they have to accept that he's alive. but when you look at this digital. footprint here I wonder was there any. way that they could have found out what. he was doing beforehand right and I mean. this is all going to go to his State of. Mind whether this is you know criminally. prosecuted or even just for his family. to uh take in and and overcome he. planned this and he planned it pretty. meticulously you know I guess he thought. he'd be able to get away with it by.

removing that hard drive he understood. then that there was a potential digital. footprint there uh he just didn't go far. enough or didn't recognize that yeah you. can still get tracked even if you take a. hard drive with you um but it's really. devastating for the family because it. just goes to show that it wasn't exactly. on the whim you know it it showed that. he had really taken steps to plan this. out and to try to not be found you. talked about planning there's another. another bizarre piece of this is how.

detailed he got with police about what. he did about his plan because in this. recent communication he had with them he. revealed how he actually carried out. this Escape he stashed an ebike near the. boat. launch he paddled his kayak in a. child-sized floating. boat out out into the lake he overturned. the kayak and dumped his phone in the. lake.

he paddled the inflatable boat to Shore. and got on got on his ebike and rode. through the night to. Madison in Madison he boarded a bus and. went to Detroit and then the Canadian. border he continued on the bus to an. airport and got on a plane and they say. of course they're going to verify that. information verify that story but Serena. my gosh if true. unbelievable that effort that commitment.

that plan he wanted to be gone and he. wanted nobody to find him and he only. had a few miscalculations it really. feels like he he could have potentially. gotten away with it um if not for those. few missteps number one being that he. thought that nobody would care enough. about him uh to continue this search. which is kind of sad in its own way. because maybe that's why he left and. maybe now he's realizing gee I gu guess. they really do care about me um and then.

of course misunderstanding the digital. footprint stuff why reveal all this. again he's it's it's incriminating. himself and we'll get to these criminal. potential criminal charges in a section. in a second but if they back it up and. say yeah he took the boat you know he. took the ebike he took the bus he took. all the you know all these travel. records if he's if they could back it up. why is he incriminating himself like. this he may not realize the extent of. where this go he may just be thinking.

that all right I you know I've been. found out let me at least you know. reveal how I did it because I don't want. to be lying to police you know I don't. really know what his mindset is but he. might just be extremely scared and he. might just feel like I might as well. just say it all why would he be scared. okay well let's talk about it because as. for the ramifications that he could face. they are very serious according to the. sheriff the information that the Green. Lake County uh had at this point uh.

leads us uh to an obstructing. charge uh what he did on the lake uh. staging his death I cannot comment on. the federal charges that may or may not. be filed um through our federal. Partners uh the second one and uh one of. the big most important one was uh. regarding the amount that Green Lake. County will be seeking. uh for.

restitution uh it's in the uh area of$. 35 to. $40,000 um these costs do not include uh. what Bruce's. Legacy uh did or uh our divers Charlie. deg. Groot um we're looking at about $7,000. in equipment. expenses um that uh along with the wages. okay so Serena let's break this down.

ramifications legally what constitutes. an obstruction charge under Wisconsin. state law how would it apply here so it. actually is not that simple to apply to. this situation a lot of places have. sweeping obstruction charges where if. you do something like this would kind of. you know Force Police to do things that. they shouldn't really have to be. spending their energy and money and time. on um you know you could go down for. that in with conson you know it almost.

feels like he's one step away from a. crime um they're going to have to prove. that he made police do this and because. he didn't I mean the argument is that he. did right but really the the family. wanted to look for him the family uh. encountered the police and brought them. on and the family wanted the police to. investigate and so maybe there's some. sort of argument that it doesn't apply. but let me. let me press you on that a little bit.

because I I looked into the statute and. it says what obstructs means includes. without limitation knowingly giving. false information to the officer I don't. think that applies here because he. didn't have you know prior communication. with police and he seems to be. forthcoming this is where I think it. might get him or knowingly placing. physical evidence with intent to mislead. the officer in the performance of his or. her Duty including the service of any. summons or civil process so. he creates a fake crime scene intent to.

mislead I feel like that's what we could. be talking about here no absolutely and. that's why it's so important for police. to elicit all of the specifics of what. he did because you have to go to his. what we call Men's Rea his State of Mind. did he do this intentionally um that is. set up this false crime scene this this. fake evidence um and did he appreciate. and recognize what that would have meant. I mean I mean his statement where he.

said I thought they would only search. for me for two weeks seems to you know. kind of elicit that in his mind he did. think that police would be misled he did. think that police would be involved so I. do agree that this separate part of the. Wisconsin statute is where they're. probably going to laser focus and all of. these statements that he's making is not. helping his case at all I saw this as a. class H felony which I think carries up. to six years years in prison I don't. know if you saw something different but.

if this actually he gets arrested he. gets tried whether he's convicted or. takes a plea deal I mean we're really. talking far down the line because. there's a lot of Hoops that would have. to come for him to excuse me to be. arrested for this you think that this. would he would get prison for this you. think he'd get up to six years in prison. for this that's a really good question. we see all of the time um certain. charges uh could be met with a maximum. of x amount of years in prison um very. rarely is it so that a person gets that.

maximum amount of time particularly if. they don't have a prior criminal history. here I think that there's going to be an. attempt by his defense attorney to. provide a ton of mitigation on his. behalf mitigation meaning you know he. like I said maybe he was going through. some sort of Mental Health crisis if I'm. his attorney I'm going to get him. mentally evaluated um and try to get. some sort of uh psych psychologist or. psychiatrist. to draft a report to the judge to say.

look you know you may think that he. intended to do X Y and Z but he wasn't. in his right mind um please be lenient. on him for this uh the way the family. feels about it is going to affect uh how. he gets punished as well you know some. might argue that the family has lost him. long enough already uh they want him. home prison is not going to bring him. home so there are options there I. thought it where seems they might have a. really strong case is the idea of.

restitution restitution to Green Lake. County for the search efforts here and. this is something we've seen before in. other cases of false reporting or fake. crimes or staged attacks or staged. crimes that part can't be ignored the. time and the expense the wages the cost. of searching for him for investigating. what they thought was an actual crime or. an accidental death that's totally. legitimate um a lot of times in Criminal. cases you hear that restitution is.

really not a criminal remedy it's more. of a civil remedy and so for example if. somebody assaults somebody else and that. person has medical um uh medical needs. and medical um bills that they need to. pay a lot of times you can't not that. you can't but it's really unlikely to. get restitution from the perpetrator but. in federal cases and in cases where you. defraud the government and the. government is out money you better bet. that they see restitution in those cases.

so they also said the sheriff also said. he would not comment on federal charges. but you see that as a possibility here. what would federal charges look like yes. um I do think there's a possibility for. federal charges because we did learn um. through this investigation that he had. taken out an insurance policy a life. insurance policy on himself for the. benefit of his family I think it was. something in the in the area of 375. $5,000 yep um and that's a lot of money.

and obviously he didn't die and. obviously he faked his death and I. believe that the insurance policy was. taken close in time to his. disappearance uh if the feds are. interested and they have an appetite to. go after him for this I do think that. they could charge him with insurance. fraud because if he intended to fake his. death in order to benefit his family so. that they could get money illegally I. mean that money is not legally obtained.

if he's still alive uh then then yes I. believe it would qualify because in. other words abandoning your family if. you didn't stage a crime you didn't. engage in insurance fraud picking up. leaving going to another country to. start a new life without telling your. family that in and of itself is not a. crime right it feels like it should be. but it's not yeah yeah let me ask you. this if you talk about these potential. charges isn't this going to.

disincentivize him to not come home. absolutely I think that part of him is. already thinking that even though he's. talking a lot more than he should I do. think he's afraid of the repercussions. and I I would expect that he's afraid. that the repercussions exceed just you. know disappointment by his community and. his family I think he's got to know that. the reason the police are still so. aggressively involved in this is because. they want to get him back for other.

reasons than just reuniting him with the. family I mean Sheriff podal has said. that that is the focus the focus of this. investigation is to figure out a way to. get him to come back and would there be. would there be something where they say. listen you're facing charges right now. you come back right now no one's going. to get prosecuted what do you think you. think that's an option you know police. say stuff like that a lot they try to. they can't really make a promise but. they could elude to it they could often.

times say like look I can't promise that. nothing's going to happen to you but I. can tell you this if you cooperate with. us it's going to go very far in you know. mitigating the potential repercussions. here and the potential jail sentence um. they're not necessarily wrong but it's. it's kind of a sneaky tactic to get him. back um and a lot of times people fall. for that what a story my gosh well we. will see if he decides to come back if. he sends any other videos that are hard. to hear I mean we'll see I feel really.

bad for his family it's it's just it's. hard to imagine what they're going. through all of this but Serena Townsen. thanks so much for breaking it down with. us good to see you again don't be a. stranger come back here on sidebar more. often I thank you so much all right. everybody that is all we have for you. right now here on this episode of. sidebar thank you so much for joining us. and as always please subscribe on Apple. podcast Spotify YouTube wherever you get. your podcasts I'm Jesse Weber I'll speak. to you next time.

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