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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.
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:
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.
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