Criminal Law Questions? Ask a Criminal Lawyer.
Hello. My name is XXXXX XXXXX I will be glad to help you.
please hold on one minute, I am researching something for you
just one more minute, thanks for being patient
Ok, let me make sure I understand you correctly
When you say that your "colleague" took the money from this customer and never send him the car, what affiliation do you have with this "colleague"?
i own the company, he worked for me...the customer called for a vehicle and they happen to know the same people from his native country in jordan. the customer and my colleague decided to create a side deal and sent the money directly to my colleague. all of a sudden, he took a leave of absence and the car was never delivered.
Also what state in the US were the money sent?
Great, that's where I am from
What was the amount?
us $29k approximately.
and the money were sent how?
To an account belonging to whom?
to my colleague
his own personal account?
it was his business account.
And this customer does not have any document, contract, bills of sale or anything else showing what the money were sent for?
he sent me a receipt of the wire but i told him i couldnt help him...at the time i was upset that a side deal was entered.
some emails that was pretty vague. afterwards, mostly phone conversations but never a bill of sale.
Here is the problem, you should not really try to help or advise this customer as you might be facing potential civil and criminal liability for your employee's actions
The only thing you should tell this customer is to retain a Florida attorney who can give him proper legal advice and guide him in the right legal direction
is there anything he can do in dubai?
contact the embassy?
well he can contact an American Embassy, but it is unlikely they would get involved. He can also contact Jordanian Police who might be able to get in touch with FBI to investigate this matter
as such, what are the potential civil and criminal liabilities that I may face. I'm certain the individual who took the funds has more exposure as the colluded to engage in this transaction outside of my business and the emails specify how my employee can help the buyer save in the process.
I would suggest that you consult a local attorney who can look into all the facts and send this customer a certified letter that you have never approved this transaction, never received any proceeds from this wire transfer and that this person does not work for you any longer and you are unable to locate him
at least i can tell him to contact the police in dubai.
they know people in jordan but the wire was sent from dubai
I would suggest that you just tell him to consult an attorney
As far as this being a civil and criminal liability for you, that would depend on many different facts and would depend on whether a further investigation is conducted by proper authorities and if there is any evidence pointing on any intentional or negligent wrong doing on your part.
I would suggest that you do not discuss this matter with anyone and do consult an experienced local criminal attorney.
Keep in mind any theft in Florida of over $300 is a 3rd degree Felony
My attorney says that without a bill of sale, he has no real evidence. I thought to seek additional advice to help this person out. He seems pretty distraught.
Well, the fact that the money were sent to your former employee's business account and there was nothing given in return points out that your former colleague has taken this persons money by fraud or deception...
This is also rather a large sum of money, wouldn't you agree?
Is the attorney you consulted with a criminal attorney?
i would hope the buyer has some recourse and thought to ask someone else for a 2nd opinion.
Please keep in mind that without looking at all the facts and documents such as wire receipts, copies of emails, etc...it is impossible to make any type of specific determination
no he's not. he contacted one while i visited him regarding the situation and a conference call was conducted for me to explain the whole circumstance to which the final answer rested in what document was given to enforce the sale, ie: a bill of sale and that document was never produced.
i provided copies of the emails which the buyer forwarded to me and a copy of the wire receipt.
there was conversations of a vehicle purchase but never a confirmation email stating to send the funds for this specific purpose.
It is nice that you are trying to help a customer who has arranged to do a side deal with someone who used to work for you, but you have to remember this same customer you are trying to help can easily turn against you at any moment, that's why I think you are better of not discussing this matter with anyone but an experienced local criminal attorney
okay...i appreciate all of your help. i will give him this last bit of advice to contact his local authorities and that i no longer want to be involved in this situation.
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