Can You Claim That Gifts Were Given as the Result of Fraud

My question involves criminal law for the state of: Illinois

I would like to ask as to whether there are any criminal recourse possibilities in this case. I will break up into different parts to make it easier to read.

Background Information:

• The plaintiff and defendant knew each other for roughly around 2 years.
• The plaintiff has a disability; they have Asperger's Syndrome form of Autism.
• The defendant claims that they have had no knowledge of this disability even though they known this individual for 2 years and there are emails from the plaintiff that they have this condition.

At Dispute:

• The plaintiff gave the defendant roughly around $20,000. The defendant had to take a second job in order to provide this financial support.
• The plaintiff had number of times inquired the defendant as to whether or not they will go to different music concerts or shows.
• The plaintiff claims that the money was while to help the defendant out in their financial need that there was an agreement that the defendant would introduce the plaintiff to their contacts who have knowledge of the music industry and their own connections.
• The defendant denies this allegation and states while they do have such resources within the music industry but this was not part of the agreement and the money was given were gifts and a promise of friendship.

Additional Information:

• The plaintiff states that while the money was referred to as "gifts" this was coerced out through the threats of police and lawsuits in addition the defendant had stated numerous times that they are going to keep their promises, all of which are documented.
• The plaintiff did not easy access to extra money and instead had to work additional jobs to obtain it.
• The plaintiff and defendant are the same age (22).
• The defendant has on number of occasions deceived or lied to the plaintiff regarding various things such as their ownership of Facebook account, their availability (free time), they have lied about their financial situation, they said that they leased a car when they actually purchased it, they attempted to claim that they are in a "financial hole" when $400 have been "stolen" (no evidence of that) so they had to cancel an iPhone order (which offset the alleged loss).

Summary:

Essentially what happened is that the plaintiff gave the defendant money, while referring to it as "gifts" because the defendant coerced them through threatening the police and legal action. The defendant did reaffirm that they will keep said promises. The plaintiff had a number of times inquired the defendant as to when they will go to these music concerts. The defendant states that they money as in turn for friendship (please remember that the plaintiff has a social disability Asperger's Syndrome) but virtually none of the emails talk anything other than money, the defendant had refused to give the plaintiff their new phone number (despite the agreement was that after the defendant receives money for a new iPhone that they will give this new phone number to the plaintiff) and the defendant admitted that they had free time which could have been used to spend time with the plaintiff they refused to do so.

Question:

Is there any legal (criminal) recourse in this case?

Quote:

---

Quoting jmersh

---

Is there any legal (criminal) recourse in this case?

---

what do you think and why?

My feeling is that yes but I am not sure, this defendant I feel had committed fraud on various occasions, the defendant made promises (the concerts) that they have refused to uphold, the defendant have made a promise of "friendship" knowing that the person has a social disability but in turn they have acted no where close to being a friend, the defendant had intentionally mislead or outright falsified their financial problems.

The whole idea of a $20,000 "gift" from someone who has a disability and doesn't make much money when they are pressured into taking loans to help the defendant out just doesn't make sense.

It apparently isn't difficult for the defendant to do what they said they would do and that would be to make the introductions.

I am pretty sure that Illinois has a law against abusing someone with a disability but again I am not sure.

The problem here is the plaintiff is apparently attempting to buy someone to spend time with them. They don't feel they got their moneys worth for it and now wants to claim they were taken advantage of due to disability. It has not not been mentioned that they are seeking a court appointed guardian for their inability to function. Assuming you paid $20,000 for the companionship, you seem to have gotten the market rate equivalent of 4 or 5 days companionship, had you hired any other escort for attention. I don't see you making any viable case out of this.

does the plaintiff work (in a position that is not through some assistance agency specifically for the mentally handicapped)? Asperger's is often difficult to be discernible by an untrained person.


While it is morally reprehensible that one would take advantage of a person with a disability intentionally, that does not mean it is a crime or it somehow invalidates the transfer the money listed as a gift and make it a loan. Illinois law criminalizes abuse of the handicapped by those in a position of trust of confidence. It further defines the abuse as being through deception or intimidation.

So, you have several hurdles here:

is the person incapable of avoiding or preventing exploitation

is the recipient in a position of trust or confidence

did the recipient utilize deception or intimidation


I don't think it meets any of the requirements to consider it a criminal act.

I have my doubts the person would prevail in a civil suit as well. Paying a person to be a friend is not illegal. Accepting money to be a person's "friend" isn't illegal. Promises rarely are enforceable as a contract. I do not see anything in the situation presented that would suggest any promises would be enforceable as contracts.

To answer your questions:

Quote:

---

is the person incapable of avoiding or preventing exploitation

---

the plaintiff has Asperger's Syndrome so if someone approaches them saying essentially that they will be their friend, etc they are very susceptible to being tricked. Is it preventable? You can argue it is but the desire to have friends, the social isolation that they feel is quite powerful. The plaintiff at one point started cutting themselves because of their severe depression.

Quote:

---

is the recipient in a position of trust or confidence

---

the defendant stated that they were being honest, that they are friends of the individual and that they will keep their promises. When an individual has Asperger's Syndrome they trust everyone.

Quote:

---

did the recipient utilize deception or intimidation

---

very strong yes, the defendant had used threats of police and lawsuits in order to get the plaintiff to agree everything is a gift, they attempted to extort money from the individual recently as well.

Well the whole friend thing is were the defendant attempted to use the plaintiff's incapacitation to their own advantage.

What the case revolves around is the contacts that the defendant confirms that they have but refuses to introduce the plaintiff to. The plaintiff is alleging that he gave money to the defendant in which in turn they were supposed to introduce them to the defendant's music contacts. the defendant refused to do so, confirmed that they have these contacts but says that was never part of the deal.

as far as the friend, well the defendant never acted as one neither. They had admitted that they had time to spend with the plaintiff, never done so, they refused to release their new phone number, add them on Facebook and so forth. The only communication was through email and all the communication centered around was money. I don't really see how any can feel that in any way did the defendant act as a friend if to think that was the only agreement.

How well aware are you of Asperger's Syndrome?

Quote:

---

jmersh;663950]To answer your questions:

---

You missed the one about his employment.

Quote:

---

the plaintiff has Asperger's Syndrome so if someone approaches them saying essentially that they will be their friend, etc they are very susceptible to being tricked.

---

so are a lot of naive and gullible people.

Quote:

---

Is it preventable? You can argue it is but the desire to have friends, the social isolation that they feel is quite powerful.

---

Ya mean like many lonely timid people that don't have Aspergers who would do things to ensure somebody would at least act like a friend?

Quote:

---

When an individual has Asperger's Syndrome they trust everyone.

---

not true at all. Trust issues are a major issue with many Aspergers patients.

Quote:

---

very strong yes, the defendant had used threats of police and lawsuits in order to get the plaintiff to agree everything is a gift, they attempted to extort money from the individual recently as well.

---

this makes no sense. What did the person have to be concerned with from the law?

Quote:

---

What the case revolves around is the contacts that the defendant confirms that they have but refuses to introduce the plaintiff to.

---

So there was a purpose in giving the money. He might have simply not be able to read people well. Happens every day to people that don't have Aspergers.

Quote:

---

How well aware are you of Asperger's Syndrome?

---

Why is that relevant?

All you have described so far is proof of the incorrectly attributed statement of PT Barnum:

There's a sucker born every minute.

Quote:

---

You missed the one about his employment.

---

No they weren't employed by the Plaintiff.

Quote:

---

so are a lot of naive and gullible people.

---

how many gullible people would want to have friends with that particular individual? if someone is to sell bottles of water claiming to be magical potions that cure all disease they will most likely find many gullible people but becuase they do does that mean somehow what they done isn't fraud?

Quote:

---

not true at all. Trust issues are a major issue with many Aspergers patients.

---

no that's autism. Asperger's Syndrome is different where the individual strives to find friends but lacks the social skills necessary. Not to mention they have an impairment where the individual has poor money management skills as well.

Quote:

---

So there was a purpose in giving the money. He might have simply not be able to read people well. Happens every day to people that don't have Aspergers.

---

that's what the plaintiff alleges. which if true that means that the defendant committed an act of fraud then correct?

Quote:

---

Why is that relevant?

---

Because I believe that it explains very well as to why this continued on for 2 whole years. Not once within those two years did the defendant perform any of the specific promises that they have made. A person without this disability would not allow this to happen for 2 years.

But let's forget the disability for a moment. We can focus on several things:

• The plaintiff in this case isn't wealthy, so $20,000 is an huge amount. The claim that this individual would simply give it as a gift seems very doubtful.
• The plaintiff has asked the defendant number of times when they will go to shows. The plaintiff is certainty able to go to these concerts on their own.
• The defendant had claimed to be in dire financial needs but they have purchased a brand new car, they have made numerous false statements and essentially created a false pretense under which they obtained this money.

Considering all these things, is there really nothing illegal about that?

Did the plaintiff have anything to fear of the police? The plaintiff was under probation for a misdemeanor. I know for a fact that threatening to go to the police unless one is paid is an act of extortion. Threatening the police unless something is done is also duress.

Quote:

---

No they weren't employed by the Plaintiff.

---

what? I asked this:

Quote:

---

does the plaintiff work (in a position that is not through some assistance agency specifically for the mentally handicapped)?

---

Since you don't even care to read my questions before answering, it would be a waste for me to comment any further as I have no idea how you interpreted any other question I had asked.

If you believe there is criminal activity, call the police, the prosecutor, or whatever agency of the state concerns themselves with financial abuse of the mentally incompetent.

I apologize I misread the question, the plaintiff does not. Asperger's doesn't incapacitate them from doing other functions but when it comes to things of social matters they are vulnerable.