Legal Question in Constitutional Law in California
First Amendment Inquiry
I was defrauded out of over 50K by a franchised scam then accused of tortious interference for refusing to provide an inflated earnings claim. Earned funds were withheld until I signed a settlement agreement which the con artist promptly breached. I emailed the gov�t agencies represented by a group seeking restitution through class arbitration detailing his unlawful acts after he breached the contract. A letter authorized by 24 group members was sent to the FTC and all 50 state regulatory agencies over a year before my email. I was sued and a judicial activist issued an injunction preventing me from communicating with anyone regarding his unlawful acts. My email described conduct that led to the agreement not the terms of the contract as alleged in the injunction. The con artist was also granted a PJR allegedly for the loss of franchisees. Several state agencies began investigations after the group letter and prior to my email. Is it legal for a franchisor to use confidentiality and non-disparagement clauses to prevent the reporting of their unlawful conduct in a factual manner to gov�t agencies? Do judges have the right to redistribute wealth from crime victims to a proven but un-imprisoned con artist?
1 Answer from Attorneys
Re: First Amendment Inquiry
No agreement can justify non-disclosure to an agency investigating criminal activity. Contact me directly.