Re: Next steps in extortion case - ideas?

["C. A. Fillekes" <cfillekes () gmail com>]

IANAL but I believe criminal defamation is (ta-da!) a criminal offense.
 Defamation in service of the crime of extortion -- depends on the
jurisdiction you decide to prosecute this in.  Since the internet is
everywhere, you might be able to choose the jurisdiction with the harshest
penalty...Singapore?  Want to see a scammer flogged?  You could sell
tickets.

Furthermore, since this person (we don't actually know "his" gender, now do
we?) has established a clear pattern -- and the victims should be easy to
identify -- getting together with 16 other of them could constitute a
class, for the purposes of waging a class action suit.

Finally, one way to track down this person (I use the term loosely) is to
offer a small partial payment of the "debt" -- and see who cashes the
check.




On Sat, Jun 28, 2014 at 5:55 PM, William Herrin <bill () herrin us> wrote:

> On Sat, Jun 28, 2014 at 10:32 AM, Markus <universe () truemetal org> wrote:
> > Do you think the PI route makes sense? Any other recommendations? Your
> > feedback in general?
>
> Howdy,
>
> Some information for you to consider:
>
> 1. There are two things going on here: extortion and libel.
>
> 2. Extortion is a crime. However, unless a substantial sum was
> requested (much more than $1000) it may not be a felony. It can be
> federal crime, but if you know who did it and where that individual
> is, you'll have better luck pursuing it under state law. Local cops
> don't need to justify travel expenses to investigate a local crime.
>
> 3. The first thing the law enforcement officer will ask you is: are
> you prepared to come to the US and testify in court that the
> individual you accuse in fact did what you accused them of. If the
> answer is no, the case is usually over.
>
> 4. The next thing they'll want is some evidence. They need to get
> enough evidence for "probable cause" so they can ask a judge for a
> warrant to search the guy's house, computer, etc. Google the term and
> read about it to learn what level of evidence constitutes probable
> cause. The more money their department would have to spend to achieve
> probable cause, the less attention they'll give the case. Hand it to
> them on a platter and you're golden.
>
> 5. Understand that criminal law is about punishing crimes, not making
> things right for the victim. Law enforcement's agenda is it's agenda,
> not yours. They're interested in putting the guy in jail, not making
> him undo the damage he did to you.
>
>
> 6. Libel, harmfully lying in writing, is not a crime: it's a tort. You
> can sue the guy in court but law enforcement won't get involved. Also,
> it's covered under state law, not federal. You'll have to sue him
> either in the locality where he posted the libel from or in a locality
> where you can prove you were specifically harmed by the libel. Nowhere
> else has jurisdiction.
>
> 7. You'll have to prove you were actually harmed by the libel. So he
> claimed you are a child molester. Boo hoo. How much money did you lose
> from who and where as a result? If you can't prove you lost money,
> don't waste your time.
>
> 8. Chat with a lawyer. Before you hire a PI or contact law enforcement
> or do anything else, hire a lawyer in the area where you believe this
> creep lives, show him what you have and ask his advice. A few hours of
> a lawyer's time doesn't cost a fortune and he'll be able to give you a
> realistic picture of your options.
>
> Regards,
> Bill Herrin
>
>
> --
> William D. Herrin ................ herrin () dirtside com  bill () herrin us
> 3005 Crane Dr. ...................... Web: <http://bill.herrin.us/>
> Falls Church, VA 22042-3004