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Ask Michael Gonzalez Your Own Question
Michael Gonzalez
Michael Gonzalez, Attorney
Category: Personal Injury Law
Satisfied Customers: 60
Experience:  Managing Member at Perez-Mena & Gonzalez, LLC
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I am the plaintiff on a Federal Case against someone

Customer Question

I am the plaintiff on a Federal Case against someone for Intentional Infliction of Emotional distress for stalking and other things. My question is related to settlement. Because the defendant usually does the stalking through third party such as investigators, security officers, even people a know, such as neighbors, “false” friends and anyone that is vulnerable and needs money which he pays to stalk me, take pictures etc… Anyhow, the question is: Can I offer one of these people part of my settlement if they cooperate in gathering evidence for me when the investigators come to ask them to take pictures of me or to stalk me for him? Can I put that “portion” of the settlement in writing so that they can have a guarantee that they will be compensated for the evidence they gather?
Submitted: 8 months ago.
Category: Personal Injury Law
Expert:  Michael Gonzalez replied 8 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I would recommend against this. The federal antigratuity law, makes it a crime to “corruptly give[], offer[], or promise[] anything of value to any person...with intent to influence [that person’s] testimony under oath...[in] a trial, hearing, or other proceeding.” On the other hand, the statute makes clear that Sections 201(b) and (c) do not prohibit “the payment...of witness fees provided by law” or “the payment...of the reasonable cost of travel and subsistence incurred and the reasonable value of time lost in attendance at any such trial, hearing or proceeding....”

I believe you would playing a dangerous game promising a portion of your settlement to any of these potential witnesses.

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