Andrea Sneiderman speaks to her attorney before her bond hearing
DECATUR, Ga. -- A judge has dismissed a motion to decide what should happen to more than $2 million in assets belonging to accused murdered Andrea Sneiderman.
The money comes primarily from a life insurance policy she cashed in after her husband's murder.
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Instead, attorneys will bring the matter before a Fulton County judge since, according to prosecutors, that is the county where Sneiderman's bank branch is located.
The money was frozen in August, after prosecutors charged Sneiderman with racketeering and murder in her husband's death.
Rusty Sneiderman was gunned down by Hemy Neuman outside a Dunwoody daycare in November 2010. Neuman was Andrea Sneiderman's boss at GE. During his trial, prosecutors painted the two as having had a romantic relationship.
Andrea Sneiderman's attorneys argue Georgia courts have no jurisdiction over her money since it's being held by Bank of New York Mellon, which is based in New York.
Prosecutors say Sneiderman deposited the funds in a Fulton County branch of the bank. But 11Alive News discovered a DeKalb County branch of Bank of New York Mellon as well.
Legal analyst B.J. Bernstein explained why Sneiderman's assets are vulnerable.
"It's not necessarily that money was the motive but the byproduct of this scheme and plan and, therefore, she should not be able to keep it and be enriched from what the state is saying is a criminal enterprise," Bernstein said.
If Sneiderman is found guilty of scheming with her former boss, she could be forced to give up the insurance money for good.
Meantime, Rusty's brother Stephen Sneiderman filed his own motion asking for the judge to keep his former sister-in-law away from the money saying he "fears that the release of these funds, the vast majority of inheritance of the minor children, will be wasted by...Sneiderman."
Also, a bond modification hearing for Sneiderman, which had been set for Oct. 12, has been moved to 1:30 p.m. Thursday.