Legal Question in Criminal Law in California

Re: Forcing prosecution and/or recovering misused funds

Thank you for your posting and your inquiry.

The law recognizes that a contract that has as its center the performance of illegal activity is void, as a matter of public policy. That may be your situation, or you may have a contract, that, at its center, is for the provision of goods in exchange for your payment, which is more difficult.

California's Business and Professions Code �17500 allows a citizen to act in the place of the Attorney General to stop unfair business practices through litigation, but the use or abuse of that statute has been critized as of late, and you MAY run the risk of being counter sued, or sanctioned if you cannot adequately prove illegal activity.

Have you also considered reporting this illegal activity to the appropriate authorities (depending on who enforces the law in whatever area geographically or industrially this may be)?

I hope that this information helps you, but if you have further questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. It's my pleasure to assist in any way that I can.

Re: Forcing prosecution and/or recovering misused funds

Your question really doesn't say anything specific about your situation so there isn't much I (or any other attorney) can tell you in response unless you want to offer more details. However, I can tell you that there is nothing you can do to force a prosecution.

Prosecutors have limited resources and are always permitted to decide which cases to pursue based on factors like the strength of the evidence, the seriousness of the offense and the amount of time and resources the case would require, as well as whether the accusation even seems credible. A rule like the one you describe -- which would compel a prosecution based upon a mere accusation that fits certain criteria -- would often force prosecutors to devote resources to cases they deem less important and would thereby reauire them not to prosecute more important cases.

Putting the authority to decide whether to prosecute in the hands of the accuser rather than of the government carries so much potential for misuse that no sensible government would ever adopt such a rule.

Re: Forcing prosecution and/or recovering misused funds

If you were to stop paying, the debtor would be in the position of having to enforce the matter. Then you may argue to the court your objection, i.e., the funds are being used for illegal activities. Then the judge may forward the matter to the DA's office for procecution. Call me directly at (619) 222-3504.