Legal Question in Business Law in California

Admissible evidence in fraud case

First a little background:

A man sent me a letter telling me that he had found an investor for my business. With that promise, I sent him a ''refundable'' deposit that he has refused to return. As it turns out, he sent out many letter similar to the one I received. I want to nail him with punitive damages so he will stop doing this. I believe that the fact that he sent many similar letters shows that he never really had an investor for me in the first case. My question is this: Can I introduce evidence that shows that he sent out many of these letters? My point in presenting this evidence would be to show that it is unlikely that he could have actually had investors for all of the letters he sent out.


Asked on 8/15/08, 3:49 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Admissible evidence in fraud case

Do you not understand the terms 'scam' and 'scam artist'? What makes you think you will ever find him or any assets that would allow you to get back any of the money you have already given him, or the fees and costs it will take to sue and win a judgment? That judgment is likely to be only a piece of paper you can hang on your wall to remind you do your 'due diligence' in the future. Your best remedy is to try to convince the Attorney General or local District Attorney to file criminal charges against him and seek restitution.

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Answered on 8/15/08, 5:13 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Admissible evidence in fraud case

Is that what this is all about? You are in the habit of sending money to strangers who make promises to you without checking them out first? And now, you have finally figured out there is no "investor"? Don't bother suing. You will not be able to recover any money from him. He is more clever than are you. The situation is the result of your own poor judgment.

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Answered on 8/15/08, 5:55 pm


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