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26 November 2024

Ryan Borgwardt's Faked Kayaking Death Sparks Legal Debate

Legal experts weigh potential charges against the Wisconsin man who staged his disappearance to flee abroad

GREEN LAKE – The bizarre saga of Ryan Borgwardt, the Wisconsin man who seemingly staged his own kayaking death, may not end with significant legal consequences. Despite the apparent severity of his actions, experts believe he might only face minimal charges, assuming he returns to the United States.

Initially reported missing on August 12 after he failed to return from kayaking, Borgwardt's disappearance set off an extensive search operation spanning 54 days. Authorities initially feared he had drowned, mobilizing search and rescue efforts involving divers and volunteers. But as the investigation deepened, it became clear this was not simply a case of accidental misadventure.

Once the forensic analysis of his laptop was completed, it led investigators to suspect he had faked his own demise and fled to Europe. Following this, Borgwardt reportedly confirmed these suspicions through communication with the authorities, detailing his elaborate plan. According to reports, he stashed an electric bike near the boat launch, paddled out with two watercraft, and discarded his kayak and mobile phone—all part of what seems to be his calculated escape.

Legal experts have analyzed the potential ramifications of his actions. UW Law School Professor John Gross explained, "If federal charges are not filed, Borgwardt could face charges of obstruction as well as potential insurance fraud." He elaborated on the nature of the offenses, stating, “Obstruction typically involves providing false information or intentionally misleading officers, which can be linked to Borgwardt's actions when he abandoned evidence.”

Breaking down the possible legal outcomes, Gross suggested if Borgwardt returns, he might face charges as serious as Class I felonies, especially since he had insurance policies with significant payouts. Borgwardt reportedly had taken out a policy worth $375,000, stating his immediate family as beneficiaries, raising concerns about potential insurance fraud of over $2,500, making this charge particularly relevant.

Nevertheless, Gross noted the improbability of heavy penalties. “Even if charged with a Class I felony, such as insurance fraud, which is seen as serious, the reality is, the maximum imprisonment is three-and-a-half years, which might be halved since no claims were made on the policy. It’s feasible we’re talking about a year-and-a-half maximum penalty,” he remarked.

The question remains whether Borgwardt will return to face these charges or continue his life abroad. Although law enforcement believes he is somewhere in Eastern Europe, they have yet to pinpoint his whereabouts and have deemed him uncooperative.

Green Lake County Sheriff Mark Podoll has confirmed they have maintained contact with Borgwardt, having initially reached him via someone speaking Russian. Despite this, there is no indication he is ready to return voluntarily. Borgwardt’s situation is complicated by the absence of extradition treaties between the United States and the countries he is believed to be residing. While his communications with officials indicate he is aware of the surrounding pressure, his intentions remain unclear.

From the perspective of the authorities, the financial burdens of the search effort are pressing. Sheriff Podoll stated they would likely seek restitution for expenses incurred during the extended search, ranging between $35,000 and $40,000, not counting volunteer expenses. This aspect could add another layer of complexity should Borgwardt return.

With his return still uncertain, many speculate on Borgwardt's motivations and possible outcomes. Saying, "You can walk off the grid, go live in a cabin or join a monastery without telling anyone and technically, that's not illegal," Gross offered insight on the nuances of the legal system surrounding voluntary disappearance. He suggested this case might not be as earth-shattering as it appears, depending on Borgwardt's choices moving forward.

The events raise intriguing conversations around personal agency, legal accountability, and the limits of criminal charges concerning staged disappearances. While conditions surrounding crimes like insurance fraud can take serious turns, the actual process of pursuing justice often reveals unexpected outcomes.

For now, Ryan Borgwardt's fate hangs precariously, with the possibility of returning to face charges complicated by his current status and the complex web of laws surrounding his actions. His story prompts reflection on how far someone would go to escape their life and the consequences they’d face upon attempting to reclaim it.