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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Legal
Satisfied Customers: 2129
Experience:  Practicing Attorney with 10 years experience
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My company is in New York State. We are a licensed

Customer Question

My company is in New York State. We are a licensed Surveillance Company. Last May, we had a man who said he wanted to work for us. We agreed, we gave him $4400.00 to assist in his behind mortgage payments. Long story short, he NEVER did any work at all. The places he stated he went to he never did go. Also, I find out that while he was collecting money from Secure Image Systems LLC meaning us, he was also collecting unemployment from the state of New York. He still has equipment that belong to the company, I called the District Attourney, but he knows them all. Your suggestion?
Submitted: 1 year ago.
Category: Legal
Expert:  Marsha411JD replied 1 year ago.


Thank you for the information and your question. I am not sure what you mean by "he knows them all," are you saying that the DA has declined to investigate the case? Did you file a police report for the equipment you say he has that is yours? Did you send him a certified demand letter for return of your equipment and the money you say he owes you? I assume that you haven't reported the alleged fraud to the unemployment commission yet, correct?

Customer: replied 1 year ago.
when I found out he was on unemployment at the time he was supposed to be working for us, I contacted New York State with 10 minutes of finding out.
Customer: replied 1 year ago.
within sorry I am so mad right now!
Expert:  Marsha411JD replied 1 year ago.

Alright, thank you. Can you address my other questions as well please.

Customer: replied 1 year ago.
The police are his friends. This is a very small town here. I had Jury Duty today and that is why I am trying this way. So that my company lawyers don't scream at me again. Yes, I have emailed him, sent certified letters to him. He does not deny the money or the equipment but I asked the district attorney, and he said what has been done is Theft by Deception. Fraud by the State is not something I can do but they weren't happy when I told them and I have to sign papers next week as a "statement".
Expert:  Marsha411JD replied 1 year ago.

Thank you, ***** ***** am not sure what you mean by signing a statement next week. However, I can tell you that you cannot force the DA to prosecute this person if the DA, in their discretion (which they have) decide that they do not have a case that they feel they can successfully prosecute, or want to prosecute. It honestly does appear to be a civil issue more than a criminal issue (other than the unemployment issue, which the State will handle under a different umbrella).

Probably the easiest and most effective way to handle this is to sue him in small claims court for the money you loaned him and the value of the equipment that he has. The court could encourage him to return the equipment instead of awarding a dollar amount, but in the end, the court (small claims) can't make him return the equipment, but can make him pay. This would be either a conversion or fraud in the inducement case and they are generally handled in civil court. So, again, small claims court is really your only viable option since the DA isn't interested in taking the case. That might not be the result you are hoping for, but it is the law and you do still have your own civil remedy.

Please feel free to ask for clarification or follow up questions, if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Customer: replied 1 year ago.
You did not understand my words! The District Attorney TOLD ME WHAT TYPE OF CASE IT WAS AND TOLD ME I HAD TO GO TO THE POLICE TO START THIS CASE!!!! Obviously you ARE NOT a LAWYER and are a con artist! I am not paying you because you cannot properly READ an email! Where are you from Pakistan or India????
Expert:  Asad Rahman replied 1 year ago.

Would you like to consider talking by phone so that all of your questions and concerns are answered? I absolutely understand your frustration.