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xavierjd
xavierjd, Attorney
Category: Legal
Satisfied Customers: 3400
Experience:  20+ yrs in criminal, landlord/tenant, family, & small claims
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I am being blackmailed by a green card legal resident. She

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I am being blackmailed by a green card legal resident. She is threatening to try and destroy my company which is based on cancer and medical research.
Submitted: 1 year ago.
Category: Legal
Expert:  xavierjd replied 1 year ago.
Thanks for using JustAnswer.com It will be my pleasure to assist you today.

Why is she blackmailing you? Can you provide a few more facts?

Thanks
Customer: replied 1 year ago.


I am married and had an affair with her. I had the affair based on the fact that my marriage was about to break up. I did not know she was trying to get information on me and my company. When I realized that I tried to end it, and each time she stated she would go to my wife, and the press and try to create a situation which would destory my company. I eventually worked out the problerms with my wife, and tried to end it with her. I had given her a letter agreement asking her to help market my medications, at the payment of $350/Month providing she supplied a written accounting each month of what she did. She never supplied a written report as required. I send her about one year after the agreement an e-mail and told here verbally as well, that based on her non-performance that I was terminating the agreement.


She stated she did not care about the terms and that if I did not pay her $6000 ($350 per month for some 21 months). That she would go again to my wife, whom knew about the situation and the press and would go on-line and try to destroy my reputation as a cancer research and my company which I formed to market the patented medications, based on 8 years of research. Thank you for the advice. she is using both the phone and u.s. mail to format her blackmail demands.

Expert:  xavierjd replied 1 year ago.
Hi,

I apologize for the delay. I was finishing up with another customer.

BLACKMAIL IS ILLEGAL! If she is truly blackmailing you, you may wish to go to your local law enforcement agency and file a police report. Make sure that you bring a copy of all of her e-mails that show her blackmail attempts as well as any telephone messages that you may have and any texts that you may have saved. If your case is assigned to a detective, s/he will gather all necessary information. If the detective believes that there is enough evidence to prosecute her, the detective will present the case to the prosecutor. If the prosecutor authorizes charges, then she will face criminal penalties

In general, extortion, also known as blackmail, describes a threat made in order to take another person's money or property, or to compel another person to act or not act. The threat must be sufficient to overcome the victim's free will. Extortion and robbery are distinct crimes because robbery generally requires an immediate threat of physical harm at the time when the perpetrator takes the property, while extortion simply requires a threat at any time.

 

In Florida, a state prosecutor must establish several elements to prove an extortion case:

  • Threat: The prosecutor must prove that the defendant made a verbal or written threat. The threat might imply physical harm death, or even psychological harm to the recipient of the threat, to another person, or to property, if the victim does not comply. Alternatively, the defendant might threaten to reveal a secret, accuse the victim of a crime, or otherwise harm the threatened person's reputation. Under Florida law, the defendant may threaten to do either an unlawful or lawful act. Extortion can include the threat of a legal act, as long as the prosecutor can show that the defendant acted maliciously.
  • Intent: The prosecutor must show that the defendant had an intent to gain financially, receive property, or otherwise compel the victim to do any act against the victim's will. However, Florida law does not require an intent to actually carry out the threat or an ability to perform the threatened act.

In order for charges to be authorized against her, the prosecutor must believe that s/he can prove the above elements of the crime BEYOND A REASONABLE DOUBT.

 

Even if there are no charges authorized, you may be able to sue her in small claims court for breach of contract if you are willing to sue her for $5,000.00 or less. By the time you get an attorney (and you will most likely need one) and pay filing fees and service fees in your county's civil court, you may wish you had sued her for the $5,000.00 in small claims court!

 

Below is a link to the self help page for small claims court in Florida. It has hyperlinks to all of the court rules and the "how to's" of small claims court.

 

For a breach of contract to occur, a legally enforceable agreement must exist between the parties. Under Florida law, a contract is defined as a promise or set of promises, which are legally enforceable and for which the law gives a remedy. Generally speaking, a contract is formed when three elements exist: (1) an offer, (2) an acceptance, and (3) consideration (a bargained for exchange of something that has legally recognizable value).


In Florida, a legal action for breach of contract consists of three primary elements. The Plaintiff (the non-breaching party brining the legal action) must establish: (1) that a valid contract was formed between the parties; (2) that the other party failed to perform as required under the contract; (3) damages resulted from the alleged breach.

If a breach of contract is established, the plaintiff is entitled to the recovery of “damages.” Damages are the typical remedy sought in a breach of contract action. The standard measure of damages (sought in most contract cases) is known as “Expectation Damages.” Expectation damages are the cost of obtaining a substitute performance. The goal here is to put the non-breaching party into the position she would have been in had the breaching performed in accordance with the agreement. Other damages that may be available in a breach of contract action include reliance damages, restitution damages, consequential damages, liquidated damages, and specific performance. The particular type of damage that may be pursued by a Plaintiff will depend on the nature of the agreement and the facts of the individual case.

 

I hope you find this information useful.

 

 

 

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD

 

 

 

xavierjd, Attorney
Category: Legal
Satisfied Customers: 3400
Experience: 20+ yrs in criminal, landlord/tenant, family, & small claims
xavierjd and 4 other Legal Specialists are ready to help you
Expert:  xavierjd replied 1 year ago.
Hi,

Thank you so much for the "excellent service" rating and the generous bonus! It is greatly appreciated and I am glad that you found the information useful.

If you have future questions, you can specifically request me by name as the expert.

Thanks again, and best wishes,

xavierjd

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