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socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 34098
Experience:  Retired (mostly)
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i have filed a lawsuit at us federal court court is trying

Resolved Question:

i have filed a lawsuit at us federal court
court is trying to determine juridiction
wire fraud and sending false documents to us emassy in seoul korea to obtain visa is that federal crime
Submitted: 1 year ago.
Category: Legal
Expert:  socrateaser replied 1 year ago.
Hello,

Under 18 U.S.C. 1002, "Whoever, knowingly and with intent to defraud the United States, or any agency thereof, possesses any false, altered, forged, or counterfeited writing or document for the purpose of enabling another to obtain from the United States, or from any agency, officer or agent thereof, any sum of money, shall be fined under this title or imprisoned not more than five years, or both."

Hope this helps.
Customer: replied 1 year ago.


i have filed a civil lawsuit in federal court


can i use 18 usc 1343 and 18 usa 1002 to dtermine juridiction in federal court


 

Expert:  socrateaser replied 1 year ago.
No. Criminal law is only useful to the U.S. Department of Justice. You cannot create jurisdiction for a civil action based upon a criminal statute, unless the statute expressly provides a civil remedy. Let's start over:

Regarding the person who you want to sue, what exactly did they do to you and how were you injured/damaged by their actions? Please be brief -- thanks.
Customer: replied 1 year ago.

my friend purchased a franchise from franchise show in seoul korea


thsi individual said he has exclusive rights to sell franchise.


he bought one and came to usa to take over the franchise there was no shoe store

Customer: replied 1 year ago.


the cost of franchise was $239,000.00

Expert:  socrateaser replied 1 year ago.
Okay, now we're getting somewhere.

Does the franchisor reside or conduct business in the USA?
Customer: replied 1 year ago.

yes he lives in state of georgia

Expert:  socrateaser replied 1 year ago.
And where does your friend (the franchisee) reside?
Customer: replied 1 year ago.


in georgia too


 

Expert:  socrateaser replied 1 year ago.

Okay, then your friend cannot sue in federal court. He/she must sue in Georgia Superior Court. There is no diversity jurisdiction, because both plaintiff and defendant reside in the same jurisdiction. And, there is no federal question jurisdiction, because none of the fraud-related criminal statutes provide authority for a federal action. See, e.g., Oppenheim v. Sterling, 368 F.2d 516, 518-19 (10th Cir. 1966), cert. denied, 386 U.S. 1011 (1967) (mail fraud criminal statute does not provide a private cause of action under federal law). There is also no private right of action under the Federal Trade Commission "Franchise Rule." See, e.g., Holloway v. Bristol-Meyers Corp., 485 F.2d 986 (D.C. Cir. 1973) (no implied private right of action under the FTC Act); Days Inn of Am. Franchising, Inc., v. Windham, 699 F. Supp. 1581 (N.D. Ga. 1988) (no private right of action exists to enforce the Franchise Rule).

Hope this helps.

Expert:  socrateaser replied 1 year ago.
Hello again,

I referred to "your friend" in my answer to your question. I meant this to refer to you, because you asked the question. However, I had just finished answering a question for a customer who was asking about a friend's circumstances, and I was still thinking that I was dealing with that person when I answered you.

Other than that, the substance of my answer is correct, but I want to ensure that you are not confused by the "friend" reference.

Please let me know if I can be of further assistance.
Customer: replied 1 year ago.

can you help me with drafting civil suit in state court

Customer: replied 1 year ago.


the court wont help told me to research my self to draft one


tell me where to serch pls

Customer: replied 1 year ago.

this is frustrating

Expert:  socrateaser replied 1 year ago.
Have you considered filing a complaint with the Georgia Department of Consumer Affairs?

A claim for franchise fraud could comprise several different counts/causes of action:

Fraudulent misrepresentation; breach of contract; unfair business practice. Drafting a complaint is a really big deal; I cannot draft legal pleadings for customers -- it violates website policies as well as Georgia law. Considering the amount of money at stake, I'm really surprised that you haven't retained legal representation to sue on your behalf.

If you believe that you must "do-it-yourself" this lawsuit, then you will need to visit a law library and seek out a relevant practice guide with "business tort" pleadings (click here for example). A list of libraries in the state can be "googled" (click here).

Frankly, even as a lawyer, I would likely have to visit the library for this sort of economic tort. I have proprietary research subscriptions for every U.S. jurisdiction, but even with that, I might need to look at details that are not available from any online resource.

If you decide that you want to hire a lawyer, then for a competent business tort attorney referral, see this link.

If you have specific questions about something you don't understand, I'll be happy to try to help. But, I can't draft an entire franchise fraud pleading in this forum -- and, neither can anyone else -- not on this website, and not on any other.

Hope this helps.
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 34098
Experience: Retired (mostly)
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