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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10238
Experience:  Civil litigation attorney for individuals and businesses.
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I have a large investment portfolio with a financial

Customer Question

I have a large investment portfolio with a financial services corporation in which I have strong reason to believe that one of its employees is harassing me online. This employee has a significant position in the company's IT sector, which means he/she has access to my portfolio. I have tried to get the company to investigate the matter to no avail. Is there a possible criminal complaint here I can take to federal law enforcement?
Submitted: 9 months ago.
Category: Legal
Expert:  CalAttorney2 replied 9 months ago.

Dear Customer,

I am sorry to learn of this situation.

If you believe you are a victim of online or internet crime, you can file a report with the IC3 system (a joint task force with the Whit Collar Crime Center and the FBI) here: http://www.ic3.gov/default.aspx

Customer: replied 9 months ago.
The IC3 says it is for internet fraud. This is not fraud, but harassment where someone who potentially has access to my investment portfolio has a personal vendetta against me for some reason and therefore at best has a serious conflict of interest. As I said, the company has not responded. Thus I want to know if there are any federal statutes governing a situation like this one. The person in question is in another state other than where I am located.
Expert:  CalAttorney2 replied 9 months ago.

Dear Customer,

There is no general statute to prevent harassment, but if the individual is accessing banking or financial information without information, or is threatening you with physical harm, or is publishing false statements about you (defamation/libel), you can sue them for it.

Having a defendant that is living out of state is going to make things more complicated, but it is still possible to sue them in your home state as that is where the injury is occurring.

The defendant's employer is responsible for the employee's behavior if it is within the scope of his employment (not likely), or if they are not maintaining appropriate security of their customer's data, they can be held liable.

You can try retaining a lawyer to write a demand letter on your behalf (often that is a good cost-effective and quick mechanism to resolve a dispute like this short of going to court).

You can still try filing the complaint with IC3, as well as filing a complaint with local law enforcement (while they may not be ideally suited to resolve this matter, the worst that happens is that they tell you they are unable to pursue the case as it is a civil matter and not a criminal one, and you will have to use the above remedies).

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