Civil Remedies For Criminal Practices

hen an individual is the victim of a business dispute related to theft or fraud, it is common that corporate documents or books have been manipulated to steal from a partner, business associate, referral partner, employee or agent.   In our electronic age, in the process of ripping off a victim, fraudulent and false information is sent over text messages, emails or wire services.   Corporate fraud and business wrongdoings rarely occur without two or more people working together to intentionally scheme to defraud.  Unfortunately, by the time fraud, deceit and unscrupulous business practices come to light, the perpetrator’s conduct has harmed more than one person over the course of time.

Greed is contagious and the lure of making more money through stealing and defrauding using a business as cover is so appealing that it has become the new normal in corporate America.    Actually, there’s a calculated risk in stealing in business by those with “deeper pockets” and their fixer lawyers – meaning, dollar for dollar, it can be practical to steal as the odds of a victim of business fraud coming forward to file a lawsuit and have the means to go through with the lawsuit is very, very low.

Both federal and state laws provide the means for fighting back against business fraud and theft with statutes that have teeth.  For example, Florida’s Civil Remedies for Criminal Practices Act provides for civil remedies for specific crimes, such as theft.   As such, if an individual has been the victim of theft, they may, send a notice to the perpetrator demanding the money or property be returned within 30 days.  Thereafter, a party may sue in state court for three times the value of the property or money plus an award of attorney’s fees and costs.

Decades ago, the federal government wrote laws geared towards successfully prosecuting organized crime, better known as the “mafia”.    The laws essentially said that where individuals worked together with a systematic linkage for the common purpose of enriching themselves through a pattern of criminal activity, they could be prosecuted for “Racketeering”.    This allowed criminal prosecutors to have the tools to take down organized crime.   At the same time the criminal law was being written, members of the United States Senate believed a section related to civil conduct should be added, presumably because racketeering conduct wasn’t exclusive to typical gangsters – any corporation could be used as a front for criminal conduct and, thus, Americans should have a civil remedy to prosecute racketeering activity for money damages.   Moreover, when the federal racketeering statute was signed into law, it provided that successful litigants be entitled to treble damages – or three times the amount of damages they suffered as a result of the wrongful conduct.

In our practice, we have seen business disputes for failure to pay commission splits, mismanagement of money, taking cash out of the proverbial cash register, substance abuse issues, cooking the books, a partner simply disappears with money/property and theft of intellectual property.   In some cases, there is a genuine dispute/misunderstanding between good people regarding legitimate questions related to business operations.   Yet, this is the exception and not the rules and, in many instances,, the wrongdoers commit “predicate racketeering criminal acts” which trigger statutes related to civil remedies for criminal practices.

Unfortunately, most of the business disputes we handle relate to one of the parties becoming the bully of the business.   It is their way or the highway and other members of the organization either become followers or “outcasts”.   These individuals are usually the ones with “deeper pockets” and already lawyered up to silence any opposition.   Bullies do not discriminate, and anyone can become a victim – one minute you are in good graces and the next you are getting a “beat down” for raising a red flag.

Business disputes usually happen a little at a time before going full tilt where the wrongful conduct becomes the normal operating procedure creating a corporate culture of greed and fraud.   Victims of business disputes have a tendency to be pushed out of the business – even when they are the ones holding the keys to the kingdom in the form of stock, intellectual property or industry knowledge.   There is never enough to satisfy the greed at the top and the business bully usually makes poor decisions based upon a quest for more control and power.   If you have been bullied in business, you are not at fault and you are not alone.

There are a thousand reasons for business disputes to arise. For each reason, there are laws to protect victims.  Each situation is unique and requires careful analysis and application of different legal tools.   By the time you are looking for a lawyer to handle a business dispute, you are usually past the point of trying to amicably work things out and there is substantial money or property missing.   In this case, we believe it is time to stand up for yourself and we are here to support you.

We are heavy-handed in our signature pre-suit reconnaissance and believe information is the key to gaining the upper hand in any business dispute.   Our unorthodox approach to investigations is directed at making a meaningful attempt to resolve the case before it even gets filed and becomes a matter of public record.   In many instances, business bullies do not want to be exposed for fraud and become willing to resolve matters when presented with evidence of wrongdoing in a business dispute.