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Law Pro
Law Pro, Attorney
Category: Legal
Satisfied Customers: 23803
Experience:  20 years legal practitioner: real estate, collections, estate, civil, business, and criminal law
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No one has answered question in last 3 hours!
Submitted: 2 years ago.
Category: Legal
Expert:  Law Pro replied 2 years ago.
What is your question?
Customer: replied 2 years ago.

RBC VP in Minnesota didn't like a witness testimony in California arbitration. He calls witness in Calif. threatening to get him fired. Winess calls two superiors of Protective Life in Ohio. They and RBC reach "deal." Witness can't call on RBC offices, affecting his income. Months later, witness get "Golden Parachute," after just a few years of service (I believe, to buy his silence).

1. I got proof of tampering from L.A. D. A. long after a losing appeal. Do I have any legal options?

2. Just for the record, what Federal and most state laws have been broken? Tampering? Retaliation? Fraud? Wire Fraud? Conspiracy? It doesn't help me, but still would like your opinions on laws broken.

Expert:  Law Pro replied 2 years ago.
I would have to think about this for awhile - this isn't your usual case.

Can it be proven that the RBC VP contacted and threatened the witness - what evidence is there other than his testimony?
Customer: replied 2 years ago.

I asked the Los Angeles D.A. to investigate. Last year we met at a Courthouse. He gave me a disk of 40-minute phone conversation with my witness ("I received a call from Nicoski (RBC) to stay out of the (RBC) offices."..."I called my bosses to let them know...because obviously it impacts my business..." (all on disk).

 

D,A. said they didn't have time or resources to get involved in a tri-state situation. FBI sympathized too, advised me to call Congress.

 

What crimes do you see? Looks like I don't have much in civil options though!

Customer: replied 2 years ago.
All evidence on D.A. disk. Did you receive my answer to your question?
Customer: replied 2 years ago.
See above question sent twice!
Expert:  Law Pro replied 2 years ago.
The problem is - criminal actions can only be brought by the govt - not private individuals. Private individuals can file criminal complaints - but then it's the DA's decision whether or not to pursue the matter criminally.

You can only pursue civil actions.

Was there interference with your business in any way?
Customer: replied 2 years ago.

You did not respond to second question:

 

What criminal charges do they face under the facts presented? Wire fraud, tampering,

fraud, retaliation, conspiracy?

 

PLEASE answer this question...

Expert:  Law Pro replied 2 years ago.

Title 18, U.S.C., Sec. 1512, makes it a Federal crime or offense for anyone to use intimidation or physical force to threaten another person with intent to influence the testimony of a witness in any Court proceeding.

 

A person can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt: First: That the witness was scheduled to be a witness in court; Second: That the person used intimidation/physical force against such witness; and Third: That the person did so knowingly and willfully with the intent to influence the testimony of the witness.

 

To act with intent to "influence" the testimony of a witness means to act for the purpose of getting the witness to change or color or shade his or her testimony in some way; but it is not necessary to prove that the witness' testimony was, in fact, changed in any way.

 

I'm not sure of anything else because the VP could possibly acted solely on their own and you didn't give enough facts for anything beyond the witness tampering.

Law Pro, Attorney
Category: Legal
Satisfied Customers: 23803
Experience: 20 years legal practitioner: real estate, collections, estate, civil, business, and criminal law
Law Pro and 4 other Legal Specialists are ready to help you
Customer: replied 2 years ago.

I'm confused by your answer now. My research says the criminal act can occur AFTER the arbitration, and the threat need not have colored their testimony.

 

According to your answer, they could do all the threats after the witness testified, without committing any crimes.

Expert:  Law Pro replied 2 years ago.
If the witness was threatened after giving testimony - then their testimony wasn't "colored" but the intimidator still violated the law by threatening the witness after the fact.

What I stated as intimidating a witness BEFORE they gave testimony.

Another issue that the VP may be liable for is tortious interference with business relationships.

Tortious interference, also known as intentional interference with contractual relations, in the common law of tort, occurs when a person intentionally damages the plaintiff's contractual or other business relationships. This tort is broadly divided into two categories, one specific to contractual relationships (irrespective of whether they involve business), and the other specific to business relationships or activities (irrespective of whether they involve a contract).


Tortious interference with business relationships occurs where the tortfeasor acts to prevent the plaintiff from successfully establishing or maintaining business relationships. This tort may occur when a first party's conduct intentionally causes a second party not to enter into a business relationship with a third party that otherwise would probably have occurred. Such conduct is termed tortious interference with prospective business relations, expectations, or advantage or with prospective economic advantage.
Law Pro, Attorney
Category: Legal
Satisfied Customers: 23803
Experience: 20 years legal practitioner: real estate, collections, estate, civil, business, and criminal law
Law Pro and 4 other Legal Specialists are ready to help you

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