How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Lucy, Esq. Your Own Question

Lucy, Esq.
Lucy, Esq., Attorney
Category: Business Law
Satisfied Customers: 21028
Experience:  Attorney
26798026
Type Your Business Law Question Here...
Lucy, Esq. is online now
A new question is answered every 9 seconds

QUESTION FOR LUCY ONLY Hi Lucy I have a new difficult question

Resolved Question:

QUESTION FOR LUCY ONLY
Hi Lucy

I have a new difficult question for you. BTW I have seen that you were also a fraud examination expert while doing some researches on the Internet and so here are the facts, first, and then. my question will be in such case typically do lawyers file a criminal complaint on the grounds that I will explain further, knowing that there is a civil case going on (I am just about to finish my rule 1.540 motion and i filed my notice of Appeal).

So first, you need to look at the facts, the documents speak by themselves:

Check first:

http://www.scambook.com/company/view/110912/EconomicFraudscom

Look at the PO BOX !

Check documents here:
https://sites.google.com/site/docviews/doc1
https://sites.google.com/site/docviews/doc1b
https://sites.google.com/si te/docviews/doc2
https://sites.google.com/site/docviews/doc3
https://sites.google.com/site/docviews/doc4
https://sites.google.com/site/docviews/doc5
https://sites.google.com/site/docviews/doc6

Check the address given by PC (Plaintiff) The street does not exist in Fort Lauderdale.

This false information was communicated to the Police under oath.

Check the PO BOX of PC (plaintiff), its the one of EconomicFrauds.com

?????
Submitted: 1 year ago.
Category: Business Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

If there is evidence to support a criminal case, police can and will file charges without regard to the fact that there is an ongoing civil case. There are however different standards of proof, so police may not refer a case to the DA for prosecution if they do not think they'll be able to get enough evidence to provide proof beyond a reasonable doubt.

I found that address in North Lauderdale (click link). I'm not from that area, so I don't know if those are considered interchangeable. I tried to go to the website, but I'm getting told that it's been disabled. It does, however, appear to be the same company in Document 4 that is reported on Scambook and other sites, because the name and address are the same. I don't see that name or address anywhere in the first four links you posted, though. I couldn't get document 3 to load, so I don't know what that would show me.
Customer: replied 1 year ago.

Sorry for the inconvenience, I changed the publishing site.


North Lauderdale is a different municipality than Fort Lauderdale. The zip code he gave is also false, it's a Fort Lauderdale zipcode.


PC communicated this address several times over a period of time of 8 months.


In document 3, PC has given the above fake address on the lease contract, adding his mailing address that is the PO BOX of Economic Frauds. This is associating the PO BOX of the boiler room with the false address.


This is a new link to document 3:


http://beachyhouses.com/doc3.jpg


Document 1 and 2 are precisely the reason why I want to file a criminal complain.


The criminal complaint is founded on this document and other email exchanges referring to multiple harassments

http://beachyhouses.com/doc5.jpg



Please also check these documents:


http://beachyhouses.com/doc5.jpg
http://beachyhouses.com/doc6.jpg


I have 2 more sworn affidavits of complaints to the bank and the insurance company that are showing contradictory statements.


All the complaints were rejected as UNFOUNDED and the sworn affidavits are contradicting each other.


This situation is covered by


The 2013 Florida Statutes 836.05 Threats; extortion.

The 2013 Florida Statutes 837.021 Perjury by contradictory statements


...or with intent to compel the person so threatened, or any other person, to do any act or refrain from doing any act against his or her will, shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.


The threat is clear :


http://beachyhouses.com/doc3.jpg


the documented prior harassment, the disguise of identity, obstruction of justice (843.02 Resisting officer without violence to his or her person), 843.03 Obstruction by disguised person.


I have filed an appeal and I need his physical address for the purpose of the lawsuit and execution.


The lower court judge - fortunately - has no longer jurisdiction on this.


This situation of being threatened by a person disguising his identity has been prejudicial to me morally and psychologically, and financially i had to appoint lawyers to assist me, and the situation now is potentially reslting in my incapacity to recover damages such as court expenses etc... in case I win my appeal.


My point is that if I can file a criminal complaint at the Court here in Miami, this will give a lot of means to get hold of his physical address that he has been hiding in every document I know about, not only me, but with every possible person or organization he came across, including his own lawyers.


Since he appointed 5 successive and unpaid lawyers before opening his case, this would give me an opportunity to subpoena these people to communicate his address and see what comes up.

Expert:  Lucy, Esq. replied 1 year ago.
Thank you. Now that I've seen document 3, I understand what you're saying. He does have the same mailing address as that company.

You can go to police with what you know, tell them your suspicions, and ask them to investigate. The fact that the civil case is pending won't stop them from proceeding if they have can get enough evidence to prosecute.
Customer: replied 1 year ago.

They will do something only if a victim of the scams files a complaint.

That is Detective Max Delvalle of the Boca Raton Police Dept.

Anyone can file a complain over the phone, their number is XXXXX to google.

The reason why Max Delvalle does not want to do much now is because he said he closed the case in my favor.

But why can't I file a criminal complaint at the Court here in Miami based on The 2013 Florida Statutes 836.05 and 837.021 ?

Expert:  Lucy, Esq. replied 1 year ago.
The law allows any private citizen to file a police report. However, police have total discretion to decide whether to follow-up and prosecute the person. There's unfortunately no way to force police to act if they've chosen not to. The same is true with the DA. You can report threats and extortion, but can't force them to prosecute.
Customer: replied 1 year ago.

ok, but can't I file a lawsuit at the criminal court directly?


 

Expert:  Lucy, Esq. replied 1 year ago.
Unfortunately not. Criminal complaints are filed by the government. Since this is reported as an online fraud scheme, you could contact the Internet Crime Complaint Center and tell them you may have information about the person behind it. That is who usually investigates internet fraud.
http://www.ic3.gov/complaint/default.aspx
Customer: replied 1 year ago.

Thank you Lucy. I checked the link but it's for victims of a fraud ?

Is there not a case of slander per se ?

PC went to the Police to file a complaint, he made a false report (false address and false allegations see http://beachyhouses.com/doc1.jpg and other police report docs http://beachyhouses.com/doc5.jpg http://beachyhouses.com/doc6.jpg and other docs ) the case was investigated and closed as UNFOUND


 


I was accused to have stolen a check.

He then filed 2 complaints to his insurance and to the bank that had issued the check based on false sworn affidavits.

He then opened a lawsuit for civil theft and other counts, the case was dismissed with prejudice on the count of civil theft.

Now here is my point : if I open such case, and it is accepted, will I not have some means to track this guy, like subpoena the owners of the place in North Lauderdale, as he could have "built" a fake address out of a real one in order to allege a mistake ?

This is a guy who obstyinately refused to communicate a physical address to anyone, and who has communicated false addresses or no address at all. He has also communicated a false PO Box address in Boca Raton on one of the documents he produced during dicoveries.

Expert:  Lucy, Esq. replied 1 year ago.
I meant that, if you have evidence linking a person you know to a known online scam, the Internet Fraud investigators might be interested in seeing it, to help with their investigations. It won't necessarily help in your particular situation, but it could help them find him, if they're looking.

Because criminal complaints are prosecuted by the government, not the victims, it would be up to the government to decide whether to subpeona records, which they may or may not be willing to share with you. If your civil case is still pending on any issues, you could subpeona the owners of that property yourself. You can also check the property records, which are public record, to see who really owns it.
Customer: replied 1 year ago.

I did check and I have their new address after they sold the property end 2010.

Thank you for your valuable information, however you didn't answer to my question is there not a case of slander per se ?

Expert:  Lucy, Esq. replied 1 year ago.
Slander per se is a tort, not a crime. It happens when a person accuses someone of committing a crime, or makes untrue statements related to his ability to do his job, comments on a women's chastity, or tells people that someone has a loathsome disease. A slander suit could not be based on allegations against a person in a civil case that the person lost, because a judge has essentially found that the allegations were true. And, generally, statements made during court proceedings have immunity from defamation charges because of the public interest in encouraging people to speak freely in court.
Customer: replied 1 year ago.

statements made during court proceedings have immunity from defamation

Ok, thank you Lucy, but what about the false accusations of theft to the Police ?

(What I was meaning actually was that he can't argue that they are presently part of a lawsuit, becuase the count was dismissed with prejudice)

Expert:  Lucy, Esq. replied 1 year ago.
The statements made as part of the lawsuit are protected, even if the count was dismissed. But I can't file a lawsuit claiming that you did all sorts of terrible things, then use the lawsuit to walk around telling lies to everyone I see. That's not how the privilege works. A person who knowingly files false police reports can be sued for malicious prosecution. If he repeated the statements to any other third parties, that can be the basis for a defamation suit.
Customer: replied 1 year ago.

Got it ! Thanks a lot, appreciated as always !

You were also mentioning that I could subpoena the owners of the condo in North Lauderdale based on the present lawsuit. Now we are entering into the appeal cycle, I am actually sending my instructions to the clerk today.

We also have a case in the case, these are the attorney's fees, for which the lower court has kept jurisdiction.

So to issue a subpoena to these owners to state if PC was a renter there, how does this typically work in this context ?


Expert:  Lucy, Esq. replied 1 year ago.
You'd have to show that who lives there is somehow relevant to the attorney's fee issue. At this point, it really isn't. If you can show that you need to locate the plaintiff, it could be relevant to that issue.

The Appeals Court doesn't accept new evidence. If the case is sent back, and you can show why that information is relevant and need for the case, it may be possible to get it at that time.
Customer: replied 1 year ago.

relevant to the attorney's fee issue :

As I have to pay the attorney's fees and I am appealing the decision, is it not relevant when I will need to sue Plaintiff/Appellee to get my money back if I win my case ?

Expert:  Lucy, Esq. replied 1 year ago.
Only if you win. Currently, you have the ability to send payments to the plaintiff's attorney, so a judge may find that you do not need his physical address.
Customer: replied 1 year ago.

Ok, but then again, with the kind of evidence that he's providing fake addresses, and no known address other than a Boiler Room organization, even if I win the appeal, I will never reach him because he will vanish once he has the money.

Do I not have some right to protect myself against such likely event ?

Expert:  Lucy, Esq. replied 1 year ago.
You can try to convince the judge that you will be irreparably harmed without that information. You also may have to convince him that you are likely to succeed on the merits of the appeal.
Lucy, Esq., Attorney
Category: Business Law
Satisfied Customers: 21028
Experience: Attorney
Lucy, Esq. and 8 other Business Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Law Pro

    Attorney

    Satisfied Customers:

    1767
    20 years experience in business law - sole proprietor, partnership, and corporations
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    1767
    20 years experience in business law - sole proprietor, partnership, and corporations
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    1495
    Run my own successful business/contract law practice.
  • http://ww2.justanswer.com/uploads/DC/DCraneEsq/2012-8-14_14436_DCrane.64x64.jpg MShore Law's Avatar

    MShore Law

    Attorney

    Satisfied Customers:

    1233
    Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    1174
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg RGMacEsq's Avatar

    RGMacEsq

    Attorney

    Satisfied Customers:

    504
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/ohioatty/2009-1-22_185545_me.jpg J.Hazelbaker's Avatar

    J.Hazelbaker

    Attorney

    Satisfied Customers:

    393
    Experienced and trained in the area of business law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    373
    14 years practicing attorney, MBA
 
 
 

Related Business Law Questions

Chat Now With A Business Lawyer
Lucy, Esq.
Lucy, Esq.
542 Satisfied Customers
Attorney