My friend fell victim to a con artist who has taken several small biz owners for a ride. Each case was essentially identical: this person promised to generate sales in return for 3-4 large monthly payments, and by the time the last payment was made, she had delivered nothing and refused to provide any refunds. (Obviously we only learned of her history when it was too late.)My question: Does the fact that this person has done this to several victims change anything? Can she be charged with a crime, for example? Or does each victim have to sue her on their own?
Country relating to Question: United StatesState (if USA): ColoradoWhat have you tried so far?: nothing
Hello,.If the person took the payments and never intended to provide whatever service was promised, then this could be considered fraud and theft by deception and could be charged as a crime. If it was a matter of the person trying to do what they promised, but not getting any results, then this would be a civil matter of a breach of contract if they didn't deliver on their promises. It typically boils down to the intent that was present at the time the person entered into the contract..Although most DAs would be hesitant to file criminal charges for this type of thing and would rather refer it to civil court, the fact that the person has done this to several people with the same result tends to imply an intent to defraud rather than just a breach of contract. This may persuade the DA to file criminal charges if several of you approach the DA together and file individual complaints..
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