Legal Question in Criminal Law in Florida

business failed - accused of criminal fraud

We had a internet mail order business that failed, leaving many debts and some customers without orders fulfilled. We are being accused of fraud by the postal service. We delivered 95% or more of our products, have many examples of going above and beyond to satisfy many happy customers, etc. We also have records of many refunds that occurred during normal business operation, etc. However, the remaining unsent and debts amounted to $50,000 (estimated) in high ticket items when the business failed.

1. The investigators are giving advice to those with complaints that they will ONLY solve this criminally, even though we were in the process of restitution through a third party escrow and a small number had received restitution through this method. They are telling them there ONLY solution is through criminal means. Is this wrong?

2. Does it give us a decent defense that we had shipped many hundreds of products? (assuming it gets to charges, which it has not).

Any advice would be appreciated.


Asked on 10/26/02, 2:27 am

1 Answer from Attorneys
Eric Dirga Eric J. Dirga, PA

Re: business failed - accused of criminal fraud

There are legal ways to have a business fail - Bankruptcy is the best way. I don't know enough about your situation but I suggest that YOU make sure you keep and gather evidence that shows the legitimacy of your business. YOU need to rely on YOU right now. If it goes into a criminal setting your attorney will look to you for that evidence/information in its most comprehensive form to defend you. Forget "words" for now. Anyone and everyone can say they "didn't do it." A jury will want to see evidence beyond that. As a business you should be able to confirm what you say with paperwork that was generated by the business. This also lends credence to the legitimacy of the business.

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Answered on 10/28/02, 4:48 pm


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