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Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 14527
Experience:  15 years exp all aspects of general law
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In a civil lawsuit with the government, should you lose, what

Resolved Question:

In a civil lawsuit with the government, should you lose, what is the payback based on: your gross income or net income?
Submitted: 1 year ago.
Category: Legal
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. Before I can give you an accurate answer to your question, please provide the following additional information:

What type of suit is involved? Are you wondering what the limits are if they seek to garnish your wages? In which state is the suit pending?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.

it is in NY state. Its is based on the Fair trade act (I believe-- documents that they say were forged)


I do not get a W2. self employed.


 


This is the short answer to this suit...I owned the company and WE caught the employee and he was convicted.. He pointed UP the ladder and the govt is trying to get some money back from the money they spent on him.

Expert:  Tina replied 1 year ago.
Thank you for clarifying that, Randy. This is very different than what I originally though you were asking, so I have another question for you. You wish to know what profits the government may be seeking to disgorge from you based on allegations of providing false or misleading information to consumers--net or gross sales? If that is not your question, please clarify what your question is for me. Thank you.
Customer: replied 1 year ago.

Right now..they are looking for 170K however, we will negotiate this with them...at the end of the day..there is a percentage that they are limited to taking from you every month..I think it is 10%...but I dont know if it is based on net income or gross...

Expert:  Tina replied 1 year ago.
I see. I am not familiar with those limitations so I am going to opt out of your question and open this up for other professionals to get their opinion. You do not have to stay online for the question to be active, or rate this question yet as it would then discourage others from answering. Should a professional pick it up, you should be alerted via email and/or SMS (text message) unless you actively disable these features.


There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying a response from someone else.

My apologies for any inconvenience and Good Luck.

Customer: replied 1 year ago.


I appreciate your trying to answer... I will wait to see. How long should I be looking for a response..miniutes, hours, days?

Expert:  Tina replied 1 year ago.
I can't say how long it might take for another attorney to answer your question. I am requesting that another attorney take your question and hope they are familiar with the statute you refer to.
Expert:  Legalease replied 1 year ago.

Hello again --

-

This question has been referred to me by my colleague above. There are actually several different federal laws which permit collections via garnishments of wages and bank accounts including the Federal Wage Garnishment Act so in order to know what one actually applies to your case I need to ask you a few questions:

-

Can you tell me the name of the government agency that is suing you? Which agency is named as the plaintiff in this case?

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Can you tell me WHY they are suing you -- you mentioned it briefly above, but it was not very clear to me what their reasoning is.

-

Finally, is there a federal statute listed by number on the documents? Or is it simply the Fair Trade Act that they are suing you and your corporation under?

-

I will be online all evening if you can answer these questions for me I will be able to give you a more specific answer here.

-

THANKS

-

MARY

Customer: replied 1 year ago.
When wiill you be back on to talk with?
Expert:  Legalease replied 1 year ago.

Hello again -

-

I am generally around from 2 pm EST through about 2 AM EST the next early morning. However, if you want to tell me if there is a specific time you want to be online, I can certainly make arrangements with you to be online at a specific time and we can chat then. Please let me know what date and time is good for you,

--

MARY

Customer: replied 1 year ago.


Hi,


 


The federal government is the plaintif.


The reason is for violations of the FCA by employee(s) who under our own investigation, exposed him and he made plea bargin. Now they are looking for money in civil suit, thus ME, as president of corp.


Im not sure of the Federal statue they are suing under.

Expert:  Legalease replied 1 year ago.

Hello again -

-

The Debt Collection Improvement Act authorizes federal agencies or collection agencies under contract with them to garnish up to 15% of disposable earnings to repay defaulted debts owed the U.S. government -- this includes all non tax debts (including any monies awarded to the US government in a civil suit against a party or a company, such as the suit against you here). Disposable earnings in the federal statutes are those earnings remaining after all deductions required by law are deducted from your wages or income (for example, federal tax and state tax withholding are required by law but deductions for employee loan repayments are not - so in this example the feds could garnish the amount left after state and local and federal tax deductions before any other deductions are made). NY state garnishment laws will not be applicable here because the case was brought by the feds against you.

-

If you want to tell me a bit more about what type of business it is that you have and/or what this employee was caught for (and what he is claiming to the government that you did), I might be able to give you some more information regarding the entire situation. However, because the information you gave is limited and you asked a specific question regarding the wage garnishment, that is the question that I focused on here.

-

MARY

-

Please press the 3rd, 4th or 5th smile face below so i will be paid for my time. I am paid NOTHING unless you press a positive rating below. Pressing the 3rd, 4th or 5th smile face below will NOT cost you any additional money -- it simply acts as the trigger to Just Answer to pay me for my time.

Customer: replied 1 year ago.


Hi Mary,


The person was caught by our own investigation for falsefying documents.


He was prosecuted and plea bargined. We had a manufacturing business supplying DOD parts to the govt. ALL parts were good. I had deligated respondsabilites to two people in the busness because I hurt my back. They falsified documents due to laziness (no money benifits at all), A disgrunteled employee (disgruntled because he stole the company truck, drviving without a liscense, caught with pot and alcohol in the truck). He shipped parts to the government that were junk! I happened to be there when the parts came back. i asked him for his docs and he acted like he had them... I asked again. He got angry and yelled "the only thing you will see of me is my back walking out the door", He contacted DOD and got immunity (which is another question i have becuase HE falsified docs and I know this becasue after the fact of what was going on, I hired a guy to look at all docs and see what he found. Question about him: if he got immunity and yet falsifeid Docs, what can I do legally about this?).


The govt spent alot of money on prsecuting the first guy that plea bargined. He claimed that "I" knew what he did! I have seen the info back from the government and all of the parts sent in had NO involvement with me OR the govt QAR. These parts were shipped by these guys and COULD be shipped without my or QAR involvement due to govt contract.


This is the long and short. So now, it comes down to pay attny fees or settle in the attny fees boundry. Stinks!!


Sooo, any advice??


and Mary.. I have been self employed all my life.. no W2.. do they base payment on Net income?

Expert:  Legalease replied 1 year ago.

Hello again.

-

Yes, any wage garnishment would be based upon net income after you pay all required taxes -- but they may scrutinize your expenses in order to kick back some of the income that you normally write off through deducting expenses into the pool of net income so that they can have that additional net income available to also attach with the garnishment.

-

This situation really does stink if you knew absolutely nothing about it -- because the dishonest employee that they have granted immunity to will not only get a free pass on prosecution but it sounds to me like the federal whistleblower statute is being used and if that is the case and the government recovers any money from you, then this jerk will get a portion of that money as a reward for blowing the whistle (I believe it is 10% but it may even be 20%).

-

I think you should hire a local lawyer familiary with federal government contracting and the whistleblower statutes because this is a situation where you could literally lose everything that you have worked so hard all of your life to obtain -- the feds could just be scratching at the surface right now and if they go back to the date that you began working with them and that time period is a few years, they could try to tag you for a large amount of money and then you will be precluded from every working with DoD again -- as well as having your overall business reputation ruined so that there will be no further business with any federal or state agency. You truly need to try to get these charges against you dropped and if you hire an attorney and probably a private investigator, you may be able to get solid proof against this employee and that you had no knowlege of what was happening and maybe the feds will drop the matter before it actually goes to a trial. To find an attorney who specializes in such matters you are probably going to have to contact a larger law firm that handles nothing but government work and white collar matters -- if you contact the bar association of the nearest large city to you and ask for a lawyer referral - they all have lawyer referral departments who will take your information and a brief description of the case and then try to match you with a few lawyers in your area who you can then speak to individually and proceed from there to hire one of them. As far as comparing the price of the legal fees to the cost to settle the suit with the government -- it is like comparing apples to oranges. If your lawyer can get some or all of these charges against you dropped or reduced then you may be able to salvage your business reputation and that is priceless.

-

MARY

-

Please press the 3rd, 4th or 5th smile face below so i will be paid for my time. I am paid NOTHING unless you press a positive rating below. Pressing the 3rd, 4th or 5th smile face below will NOT cost you any additional money -- it simply acts as the trigger to Just Answer to pay me for my time.




Customer: replied 1 year ago.

we are in the negotiation phase now...just started. the legal counsel I have has a good reputation for this arena. Yes, the damage has been done over 7 years ago...The criminal is done and the one guy confessed and plea bargined.


The whistle blower was the other one. Is there any way to go after him?


Do you have anything that I should know that may be helpful in negotiating with the govt in settlement? It is a numbers game now as you probably understand.


Thanks

Expert:  Legalease replied 1 year ago.

Hello again -

-

There really is no way to pursue the whistleblower -- obviously any person or company can sue another person or company for misrepresentations and fraud, but because he had government protection he is the one who will look like you are unjustifiably pursuing him -- and because it has been 7 years, the statutes of limitations on civil lawsuits are generally 3 years for personal or property damages or defamation of reputation and 6 years if the claims are based upon written contracts with another party, so even if a lawsuit had been a good idea at the time, you have lost the opportunity due to statutes of limitations at this point.

-

Negotiations in these situations can usually be swayed by a good faith showing of what you actually can afford to pay (not necessarily what they want you to pay) and the cases where I have negotiated with the feds or a state agency when I focus on that point I generally get them to see some reason and set the amount of the settlement accordingly. You do not mention the amount of money your business makes but if you can show that it has suffered due to all of this then you may be able to convince them to take a payment plan or lump sum that you can afford.

-

MARY

-

Please press the 3rd, 4th or 5th smile face below so i will be paid for my time. I am paid NOTHING unless you press a positive rating below. Pressing the 3rd, 4th or 5th smile face below will NOT cost you any additional money -- it simply acts as the trigger to Just Answer to pay me for my time.




Customer: replied 1 year ago.


the compnay is gone... I lost alot in this, and based on two people who both have records and one WE caught with our internal investigation!. I would rather go to court and fight this, but the attny says -no, not yet. settle would be good for the right price... It is so wrong here! They tell me to look at this like a business decision now... I get that, but doesnt make it right.

 

 

Can I expose the Whistle blower to others in the business, locally or would that be a potential law suit too?

 

Are there any cases you can refer to me to look at that might help me in my fight with this at all?

 

Thank you

 

Customer: replied 1 year ago.


Hi Mary,


did you get my reply that started with "the company is gone...."


 


I added to this one;


do you know of any cases that settled that might be of interested to me and where i might be able to read them?

Expert:  Legalease replied 1 year ago.

Hello again --

-

Settlement agreements are confidential so there is no place online or in law books that you will be able to find any prior cases that settled out with the government. Perhaps your lawyer has worked on a few of them and may be able to give you an idea regarding this question. As far as any cases that may have gone to court -- it is very rare for them to be reported in any lawbooks because only cases that have been appealed to the Federal courts of appeals will actually end up in the law boooks and that is few and far between. Like finding a needle in a haystack really, and the kind of research it would take me to find something is simply much to expansive for what we do here at Just Answer. You should ask your lawyer about this also -- he may have a handle on any cases that have come down in your federal district (the federal court location that is applicable to your case is important also).

-

You are entitled to state your opinion on this whistleblower but if anything rises to the level of being defamatory (harming his reputation (go figure)) you might end up in a situation where he is suing you for defamation of character and that is not really something you want to deal with at this point I am sure. I know it is aggravating for you and you probably just want to punch him in the head (among other things) but there simply is really nothing you can do to hurt him at this point in time that may not backfire onto you and your settlement negotiations with the feds.

-

MARY

-

Please press the 3rd, 4th or 5th smile face below so i will be paid for my time. I am paid NOTHING unless you press a positive rating below. Pressing the 3rd, 4th or 5th smile face below will NOT cost you any additional money -- it simply acts as the trigger to Just Answer to pay me for my time.




Legalease, Lawyer
Category: Legal
Satisfied Customers: 14527
Experience: 15 years exp all aspects of general law
Legalease and 8 other Legal Specialists are ready to help you

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