4 ms·

1) A bad check is a state level offense, not a federal offense, and the discretion afforded to state and local prosecutors is far greater than the discretion af

by rprasad 14y ago

1) A bad check is a state level offense, not a federal offense, and the discretion afforded to state and local prosecutors is far greater than the discretion afforded federal prosecutors (though federal prosecutors have broader powers). 2) They may have prioritized murders and rapes over crimes, such as bad-check-passing, that can be remedied in a civil courtroom. That's generally what happens when state and local budgets get cut. For example, in 2009 and 2010, San Bernardino and Riverside counties simply did not enforce drug possession charges for meth or marijuana for quantities below the dealer amount because they didn't have the prosecutorial resources to handle those cases after prioritizing violent crimes. 3) HIRE A LAWYER. Winning a case against him in civil court for passing a bad check is pretty much guaranteed to spawn a criminal case because you'll have handed the prosecutors their case; they won't have to redirect many resources away from serious crimes.

zaidf 14y ago
3) HIRE A LAWYER. Winning a case against him in civil court for passing a bad check is pretty much guaranteed to spawn a criminal case because you'll have handed the prosecutors their case; they won't have to redirect many resources away from serious crimes. 1. Guaranteed? Man already has multiple suits and judgements against him in civil court in past few years in addition to having servdd time years ago for a similar crime. He even has a warrant out in another state AFAIK. No criminal charges in NY(where I am based) or California(where he and many of his victims are). 2. It's very hard collecting money from him even after you win the judgement, from my conversations with those who have. In the end, I risk taking an even bigger hit especially if he countersues(even the odd lawyer willing to work on contingency warns me that he will almost certainly countersue for which I will need to pay out of pocket) My best option in light of these realizations was to build this site which seems to have at least made a dent in his ability to scam. For example, the guy has been playing with the spelling of his name, at least partially I'm guessing so my site does not pull up when his next victim googles.
- rprasad 14y ago
  If that's true, then I think you need to follow up with the authorities, i.e., by sending your website to the California state Department of Justice, which has the authority to investigate these matters, or else to the consumer protection agency. Unfortunately, there have been a great many scams like this in the past 4 years and this guy may have just slipped through the cracks as a result of staff cutbacks. The authorities will likely be grateful to you for any assistance you can provide them, i.e., by helping them locate other victims.
  - zaidf 14y ago
    Do you think authorities at the state level would be more receptive than at the county level? Because I've been trying at the county and city level and after sending many victims to ring up the investigators, little has come out of it. I always thought at the state level my chances are even bleaker of getting their attention.
temphn 14y ago
Please stop posting this misinformation about federal prosecutors lacking discretion. It is a completely false statement. "The USA [US Attorney] is invested by statute and delegation from the Attorney General with the broadest discretion in the exercise of such authority." http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/2mcrm.htm http://www.justice.gov/usao/eousa/foia_reading_room/usam/tit... The United States Attorney, within his/her district, has plenary authority with regard to federal criminal matters. This authority is exercised under the supervision and direction of the Attorney General and his/her delegates. The statutory duty to prosecute for all offenses against the United States (28 U.S.C. § 547) carries with it the authority necessary to perform this duty. The USA is invested by statute and delegation from the Attorney General with the broadest discretion in the exercise of such authority. The authority, discretionary power, and responsibilities of the United States Attorney with relation to criminal matters encompass without limitation by enumeration the following: Investigating suspected or alleged offenses against the United States, see USAM 9-2.010; Causing investigations to be conducted by the appropriate federal law enforcement agencies, see USAM 9-2.010; Declining prosecution, see USAM 9-2.020; Authorizing prosecution, see USAM 9-2.030; Determining the manner of prosecuting and deciding trial related questions; Recommending whether to appeal or not to appeal from an adverse ruling or decision, see USAM 9-2.170; Dismissing prosecutions, see USAM 9-2.050; and Handling civil matters related thereto which are under the supervision of the Criminal Division.
- rprasad 14y ago
  It is necessary for you to actually read the citations referred to by that page (which is just a general summation, not an authoritive declaration on the authority of federal prosecutors), since federal criminal statutes generally do not give "plenary discretion" to federal prosecutors. See ISAM 9-2.020 (The United States Attorney is authorized to decline prosecution in any case referred directly to him/her by an agency unless a statute provides otherwise.) This is why the law is complicated: you cannot read a law in a vacuum; you must read it in conjunction with all other laws bearing upon the same issue.
  - 14y ago
InclinedPlane 14y ago
"Hire a lawyer." To enforce criminal law and effective $10,000 theft. Do we no longer live in a civilized country anymore? Meanwhile, what is the expected RoI on hiring a lawyer to recoup a $10,000 debt? Especially if the guy is a deadbeat? Probably somewhere around negative $50k, I'd wager.

by rprasad 14y ago

zaidf 14y ago

3) HIRE A LAWYER. Winning a case against him in civil court for passing a bad check is pretty much guaranteed to spawn a criminal case because you'll have handed the prosecutors their case; they won't have to redirect many resources away from serious crimes. 1. Guaranteed? Man already has multiple suits and judgements against him in civil court in past few years in addition to having servdd time years ago for a similar crime. He even has a warrant out in another state AFAIK. No criminal charges in NY(where I am based) or California(where he and many of his victims are). 2. It's very hard collecting money from him even after you win the judgement, from my conversations with those who have. In the end, I risk taking an even bigger hit especially if he countersues(even the odd lawyer willing to work on contingency warns me that he will almost certainly countersue for which I will need to pay out of pocket) My best option in light of these realizations was to build this site which seems to have at least made a dent in his ability to scam. For example, the guy has been playing with the spelling of his name, at least partially I'm guessing so my site does not pull up when his next victim googles.

rprasad 14y ago
If that's true, then I think you need to follow up with the authorities, i.e., by sending your website to the California state Department of Justice, which has the authority to investigate these matters, or else to the consumer protection agency. Unfortunately, there have been a great many scams like this in the past 4 years and this guy may have just slipped through the cracks as a result of staff cutbacks. The authorities will likely be grateful to you for any assistance you can provide them, i.e., by helping them locate other victims.
- zaidf 14y ago
  Do you think authorities at the state level would be more receptive than at the county level? Because I've been trying at the county and city level and after sending many victims to ring up the investigators, little has come out of it. I always thought at the state level my chances are even bleaker of getting their attention.

temphn 14y ago

Please stop posting this misinformation about federal prosecutors lacking discretion. It is a completely false statement. "The USA [US Attorney] is invested by statute and delegation from the Attorney General with the broadest discretion in the exercise of such authority." http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/2mcrm.htm http://www.justice.gov/usao/eousa/foia_reading_room/usam/tit... The United States Attorney, within his/her district, has plenary authority with regard to federal criminal matters. This authority is exercised under the supervision and direction of the Attorney General and his/her delegates. The statutory duty to prosecute for all offenses against the United States (28 U.S.C. § 547) carries with it the authority necessary to perform this duty. The USA is invested by statute and delegation from the Attorney General with the broadest discretion in the exercise of such authority. The authority, discretionary power, and responsibilities of the United States Attorney with relation to criminal matters encompass without limitation by enumeration the following: Investigating suspected or alleged offenses against the United States, see USAM 9-2.010; Causing investigations to be conducted by the appropriate federal law enforcement agencies, see USAM 9-2.010; Declining prosecution, see USAM 9-2.020; Authorizing prosecution, see USAM 9-2.030; Determining the manner of prosecuting and deciding trial related questions; Recommending whether to appeal or not to appeal from an adverse ruling or decision, see USAM 9-2.170; Dismissing prosecutions, see USAM 9-2.050; and Handling civil matters related thereto which are under the supervision of the Criminal Division.

rprasad 14y ago
It is necessary for you to actually read the citations referred to by that page (which is just a general summation, not an authoritive declaration on the authority of federal prosecutors), since federal criminal statutes generally do not give "plenary discretion" to federal prosecutors. See ISAM 9-2.020 (The United States Attorney is authorized to decline prosecution in any case referred directly to him/her by an agency unless a statute provides otherwise.) This is why the law is complicated: you cannot read a law in a vacuum; you must read it in conjunction with all other laws bearing upon the same issue.
- 14y ago

InclinedPlane 14y ago

"Hire a lawyer." To enforce criminal law and effective $10,000 theft. Do we no longer live in a civilized country anymore? Meanwhile, what is the expected RoI on hiring a lawyer to recoup a $10,000 debt? Especially if the guy is a deadbeat? Probably somewhere around negative $50k, I'd wager.