Legal Question in Criminal Law in California

This issue deals with fraud. In response to my inquiry, I received a sales call in MA from a real estate (RE) investment organization in CA that deals with a training program that offers to get a select handful of investors on a fast track to jump start their RE investment business. The platinum training program sells for $15,000, and given the 3 month payment installment along with the guarantee that the price would be refundable, if within 30-60 days there was not a good fit for either party, I expressed an interest. I was invoiced on Monday, 06/06/11, for the initial amount, but an electronic contract was not transmitted to me for signature until Tuesday morning, 06/07/11, which I did not get until that evening at home. Today, 06/08/11, I received a call from the Operations Manager (OM) who welcomed me and indicated that they have my signed contract in hand, to which I questioned the validity. The OM forwarded to me a copy of this alleged signed contract and I was shocked and upset to discover that a representative of this organization knowingly and consciously forged my signature. It is clearly not my handwriting or my signature, and I did not authorize anyone to sign in my behalf. Is this forgery considered a felony and punishable by fine and imprisonment? What are my rights and remedies under law?

Also, I discovered that the terms, which were previously discussed, were not only misrepresented but there was lack of full disclosure as there were other payments involved. What is the penalty for contractual misrepresentation?

I am a victim and thinking about seeking recourse.


Asked on 6/08/11, 9:26 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

If the company took your money you should report them to the FBI. The actions you describe sound like wire fraud. You should also report them to the police department in the city where they are located.

You may also have a civil claim for a refund of any money the company has taken from you. Chances are, though, that this is a fly-by-night operation which has no identifiable assets and which will not be worth suing.

If the company has not taken any of your money and has not tried to enforce the contract against you, you probably don't have a viable civil claim. You may want to report them anyway, since they are probably pulling the same scam on others. The sooner law enforcement hears about it, the better.

Good luck.

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Answered on 6/09/11, 9:41 am


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