Results 1 to 10 of 14

Threaded View

  1. #5
    Join Date
    Aug 2015
    Posts
    181

    Default Re: Mentioning Defendant's Statement Re. Prior Crimes in New Civil Complaint - Extort

    Quote Quoting cwb
    View Post
    You both bring up good points, however my intent would not be to malign or shame him publically. In fact, probably no one except him and his attorney would see my recollection of his prior statement. I imagine they would object to its inclusion in the complaint, we would remove it and that would be that. He and I both know that he made the statement and I would not be trying to prove it to anyone else. But at least he would know I remember what he said and it would give him food for thought.

    Perhaps the IRS would not be interested, however it could be a substantial amount of money he received, and they might find it worth investigating if they received an anonymous tip. He held a fairly high profile position and it probably wouldn't be too difficult to audit a sample of the contracts he approved if they maintain records that far back, which they probably do. The thought of going to prison might cause him to re-evaluate how he does business.
    Your rationale is too convoluted and too hypothetical for the actual claims you should be pursuing: unjust enrichment, fraud, breach of contract, breach of fiduciary duty, etc. Toying with the IRS idea so as to leverage your case might still sound in extortion and will obfuscate the presentation of whatever legitimate cause of action (claims) you might have.

    Some months ago I read an appellate opinion in the direction of what Taxing Matters pointed out:
    Quote Quoting Taxing Matters
    View Post
    if it was true why didn't cwb report it to the state 10 years ago? Didn’t he care that the public was getting ripped off? Or does he only now care because he himself is getting ripped off?”
    I can't recall the substance of the case, the court, or state/jurisdiction (sorry, I don't take notes of every judicial opinion I read each month), but denouncing an unrelated offense only when it became convenient didn't help that party's position.

    If you want to report him to the IRS, do it regardless of your judicial proceedings. That way you might be prevent others from being defrauded by that person.

    1. Sponsored Links
       

Similar Threads

  1. Regulations and Procedures: When are Kickbacks Illegal
    By lawfacts in forum Government Agencies
    Replies: 1
    Last Post: 11-20-2016, 08:35 AM
  2. Public Health Issues: Patient Referral Fees and Kickbacks
    By lawfacts in forum Public Health and Welfare
    Replies: 1
    Last Post: 09-28-2016, 02:46 PM
  3. Subleases: Property Manager Demands Kickbacks to Approve Subleases
    By tfidylawson in forum Landlord-Tenant Law
    Replies: 4
    Last Post: 03-11-2015, 08:26 PM
  4. Business Issues: Paying Another Company's Employee for an Action - Kickbacks and Bribery
    By TimTysons in forum Business Law
    Replies: 1
    Last Post: 07-08-2012, 09:49 AM
  5. Defamation: Someone libeled me on a webpage, implied I took kickbacks from contractors
    By Perry Sloan in forum Defamation, Slander And Libel
    Replies: 6
    Last Post: 11-25-2006, 01:30 AM
 
 
Sponsored Links

Legal Help, Information and Resources