Investigative Negligence by police?

[Businessman]

What is the name of your state? Pennsylvania

I import / sell products from overseas, and act as a broker. I am fully licensed, insured, legal.

A new client ordered $36,000 of merchandise from me. I ordered & paid for the product in China, paid for shipping, container arrived at Port of Newark right on time (takes 30 days) The new client visited my "operation" and freaked out that it was being run from my home. While present, I provided the client with all billing, shipping, container, Invoice, Berth number information as to where his container was, 40 minutes away, as well as all contact information for all parties involved, that contained his merchandise.

He immeditely requested a refund, and immediately went to the local police to file charges of theft by deception. I then went to talk to the Police chief myself to explain the process, and also provided him with every scrap of paperwork showing money in, money out, invoices, container numbers, etc. To anyone able to read/understand the documents, it was painfully clear no wrong-doing occurred (Bottom line, customer was shocked that I was running a multi-million dollar operation from my home)

That customer then contacted all of my distributors, telling them it was a scam. Most of my new distributors then cancelled thier orders & wanted refunds. Fine.

Last Friday, I was arrested on two counts of theft by deception, and put in jail. While in jail, a search warrant was issued for my home, and they took, and still have, all of my paperwork, computers, any means of doing business.

I can no longer buy or sell anything without my equipment - business is done.

All of this could have been avoided if the police chief actually READ the paperwork a week before that I provided to him, showing everything was on the up and up. I went so far as to provide the information to the local DA to give him a heads up, and he simply advised to keep him in the loop.

I'm now unemployed, facing charges. I truly believe that this will be thrown out at the preliminary hearing, but my question is this - Did not the complaining officer have the obligation, a duty to actually READ the information provided to him and in his posession prior to filing charges? If he would have, no charges would have been filed. I have lost my business, my reputation, everything, all in a week.

The DA, when contacted, had no idea that this had transpired - it was done by the 70 year old chief of police.

The chief of police, in his affidavit of probable cause, claims to have never received any paperwork from me. However, on our first meeting a week before all this, he asked me questions to trick me up regarding the very paperwork he says he never received (He asked - how much does each unit weigh? I advised 1600lbs. Well then, he said, we have a problem, this says the entire container in Newark weighs only 3600lbs, so it obviously is not this clients shipment! I had to point out that it was in Kilograms, 3600 kilograms. Duh)

Forget if I will beat these charges or not - I will, probably at the probable cause hearing. I want to go after the Police Chief for ruining my life because he did not perform the most simple of investigations, confirmation of facts. (Example - when I asked if he called the Port of Newark to see if the container was there, he said no, the complaintant did)

CAN I SUE THE LIVING BREATH OUT OF THIS GUY?

[xylene]

You are dealing with multi million dollar claim against state actor.

Only your own lawyer can properly advise.

Bottom line: If police had probable cause to arrest you with a judicial warrant you will have uphill battle.

[Zigner]

The person you should be seeking redress from is your "client"...

You ABSOLUTELY need an attorney.