Legal Question in Civil Rights Law in New York

extortion by D.A. OFFICE

My husband was arrested on 10/28/2003.He has been in the insurance field for ten years.His last 2 months of buisness he was in financial turmoil and he was taking insurance payments and taking from peter to pay paul to keep his buisness running (8/01/2003-10/28/2003).The DA office said he opened the buisness to scheme to defraud they asked every insured to give receipts for as long as they had insurance with us and never took our cancelled checks to show that they did indeed have insurance previous to 8/1/2003.THE MONIES THAT WERE TAKEN DID'T EXCEED 25,000 YET THEY WANT 125,000. thes people are getting windfalls of money and the da knows it or it wouldn't take 2and a half years to resoove the case.MY Husband just took a plea only because he couldn't afford to fight it any longer but there is an injustice here by our district attorneys office .I HAVE LETTERS FROM VICTIMS STATING THAT THEY ONLY WANT THE LAST MONTHS PAYMENT BACK AND THAT THE REASON THE RESTITUTION AMOUNT IS MORE THAN TRIPLE IS THAT THE DETECTIVES SAID''GIVE US ALL YOUR RECEIPTS WE WILL GET ALL YOUR MONEY BACK'' Some people gave 2 years of receipts.PLEASE HELP ME THIS IS EXTORTION and I KNOW WE CAN'T BE THE ONLY PEOPLE GOING THROUGH THIS.It just takes one voice.


Asked on 4/03/06, 12:18 pm

1 Answer from Attorneys
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: extortion by D.A. OFFICE

Generally, if it is found that an individual is enagged in illegal activities within his business they can attempt to recover monies for the entire period of the alleged illegality. I would tell you to bring forth proof of your proper business activity and proof that coverage was being provided, and payments were properly being made, and then use that to mitigate potential damages. Many times there may also be an issue of punishment through these practices.

Read more
Answered on 4/04/06, 4:47 pm


Related Questions & Answers

More Civil Rights Law questions and answers in New York