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JB Umphrey
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20231
Experience:  Explains legal matters based on 14+ years experience.
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An employee of the dealership changed a letter of employment to say the customer makes mor

Resolved Question:

An employee of the dealership changed a letter of employment to say the customer makes more than stated. then signed the employers name. this was for a car loan through a dealership. The originall bank the letter was intended for was not used for the financing. Fianancing was secured through another source which did not require a letter. The original person who wrote the letter now knows the letter was changed. Is there any legal recourse they have. and what is the punishment for this. the purchaser of the automobile is happy and has signed the new contract for a much lower fee of the original contract.
Submitted: 3 years ago.
Category: Legal
Expert:  JB Umphrey replied 3 years ago.

JB Umphrey :

Thank you for using JustAnswer!

JB Umphrey :

From the described facts, with respect to the person who authored the original letter, that person could only communicate that the changed information is not true. There is no independent legal action that the author could take.

JB Umphrey :

Good luck and best wishes.

JB Umphrey :

I hope that you find this information to be helpful and this answer to be ACCEPTable!

Customer :

So the original person who wrote the letter can not take any legal action even though the letter was changed and signed with out her knowing?

JB Umphrey :

Correct.

JB Umphrey :

Now, the dealership -- the employer of the person who did the changing -- they could discipline or fire the employee if they wanted to.

Customer :

Is that for NJ.

JB Umphrey :

That would be for anywhere.

JB Umphrey :

See, the person who wrote the letter simply provided status information.

JB Umphrey :

Nothing more.

JB Umphrey :

The person who wrote the letter has not suffered any legal injury.

JB Umphrey :

The employer of the salesman -- now, again, the employer could discipline/fire the employee. That's a whole different ball of wax.

Customer :

could they legally charge the employee of the dealership.

JB Umphrey :

With a crime?

Customer :

yes

JB Umphrey :

Not from the facts that you've described.

JB Umphrey :

And here's why.

JB Umphrey :

Criminal charges of fraud require the element that the "victim" relied upon the misrepresentation when making a decision. In other words, the victim would not have made a certain decision (e.g., approved the loan), if that representation was different.

JB Umphrey :

From the facts you've described, the lender did not rely upon the letter when making the financing decision.

JB Umphrey :

Does a criminal charge of fraud will not stick. Not all of the elements are there.

Customer :

They originally approved the deal with prove of income. They got a letter then changed the letter. when the bank called for verification they spoke to the original person who wrote the letter. the then declined the loan because the income was not true. they then secured financing through another source that did not require any additional documentation. The original bank was not used. The financing never went through on the originall bank.

JB Umphrey :

I understand.

JB Umphrey :

See, no one was defrauded.

JB Umphrey :

They called to verify the letter. No money was lent based upon the false letter.

Customer :

no because they never accepted the loan.

JB Umphrey :

Right, so there was no damages.

JB Umphrey :

Any "crime" is "incomplete."

JB Umphrey :

Thus, not all of the elements are present for a prosecutor to successfully prosecute the case.

JB Umphrey :

A jury would have to come back with a verdict of not guilty.

Customer :

OK you have been very helpfull. I can let the employee know there are no worries. I just wanted to let him know just in case. I don't think it will go that far. The originall customer is satisfied with everything. Even if the author tried to persue im sure the attorney they speak to would advise them they have no case

JB Umphrey :

Correct.

JB Umphrey :

Good luck and best wishes.

JB Umphrey :

I hope that you found the information to be helpful and this answer to be ACCEPTable!

Customer :

Yes very helpfull

JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20231
Experience: Explains legal matters based on 14+ years experience.
JB Umphrey and 6 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
can the employee be charged with attempted fraud
Expert:  JB Umphrey replied 3 years ago.
Not from the described facts. Again, there's no victim.
Customer: replied 3 years ago.

So there is no charge for attempt because even though the attempt was there no one was harmed financially?

Expert:  JB Umphrey replied 3 years ago.
Correct. As a matter of fact, the lie was learned before any decision was made.
Customer: replied 3 years ago.
Thank you
Expert:  JB Umphrey replied 3 years ago.
You bet.

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