GARY GIORDANO, the suspect in the disappearance of ROBYN GARDNER is suing to get the $3.5 million life insurance policy payout he took out on the missing blonde beauty.
According to court documents, the 51 year-old businessman from Gaithersburg, Maryland, says Gardner, 35, is presumed dead and American Express should pay the full death benefit, reported NBCWashington.com.
However AmEx has stated that when one is presumed dead, a claim is not evaluated until 365 days after the incident, which is still two months away.
Gardner's boyfriend is more than shocked that Giordano has the balls to cash in on Robyn's disappearance when so much is still unknown.
"It upsets me that he is trying to exploit her," Richard Forester told RadarOnline.com. "There has been no declaration of death so this is just a ridiculous lawsuit.
"I feel it is awful that he is trying to cash in on her disappearance and it supports the negative public view of him," explained Forester, who added that at least Giordano's greedy actions will keep Robyn's name out there and make sure people don't forget about her.
"The original policy was for $1.5 million and now it is $3.5 million, I don't know where the extra claim has come from but maybe he is hurting financially, I don't think he'll get the money either way," Forester added.
The very existence of the insurance policy was one of the disturbing things that caused police in Aruba to suspect Gary of foul play in the first place.
Giordano was released from an Aruban prison in November after law enforcement considered him the prike suspect in Gardner’s murder, but lacked enough hard evidence to charge him.
The couple, who met on an adult dating site, went on a last minute vacation to the Caribbean island, which ended tragically when Robyn vanished, allegedly while snorkeling, on August 2, 2011.