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  1. #1

    Default How to Press Charges Against Someone for Fraud

    My question involves business law in the state of: California

    I work with a not-for-profit corporation. We signed a contract with an inventor in California to build a prototype of a motor he was working on. He received $300,000 to build the prototype within a specific time frame and he was to complete the project in California. The funds he received were from public donations to the project. After receiving the funds, he left the state and set up his shop elsewhere. He has been playing games and not fulfilling his end of the contract. He now claims his motor is complete almost 2 months after the deadline. At this point we want the money back from him. He has hired an attorney. We don't have one. How could we go about prosecuting him for breach of contract? Could the California Attorney General be involved?
    Ravendarkstar, CA

  2. #2

    Default Re: How to Press Charges Against Someone for Fraud

    Prosecution is for crimes, and is handled by the state. What you appear to have is a breach of contract, for which you sue him in civil court. If you feel there is some aspect of this endeavor that is criminal rather than civil in nature, contact your local law enforcement agency (police or sheriff's office) and make a report. If the DA's office finds merit that criminal activity was involved, they can bring criminal charges (and you can STILL sue in civil court too).
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    Fave Big Bang Theory site: Sheldon Cooper Fans

  3. #3
    Join Date
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    Default Re: How to Press Charges Against Someone for Fraud

    You are pretty much screwed.

    You need an attorney to pursue it civilly against someone in another state for breach of contract.

    Perhaps you might get something done criminally, but I doubt it.

    But what about the "engine"? Did you get reports, do you have plans. If it is "done" you should try to get it, you paid for it, or did you give him the money without any rights to the "engine."

    The non-profit in question is badly managed if it gave 300k to someone without any controls.

    There should have been a plan, with benchmarks that the inventor has to meet and PROVE to the non-profit on a scheduled basis and the money should have been given out in chunks when the benchmark was met. Giving it all at once invites disaster. You should have done it like an SBIR federal grant. Nobody can be trusted with a 300k windfall.

    You were conned and it was pretty much your own fault.

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