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Michael Gonzalez
Michael Gonzalez, Attorney
Category: Personal Injury Law
Satisfied Customers: 525
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: 1 year ago.
Category: Personal Injury Law
Expert:  Michael Gonzalez replied 1 year ago.

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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.