• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Need advice on being threatened with civil action

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

codeguy

Junior Member
What is the name of your state (only U.S. law)?

Florida

Last week I received a cease and desist letter from an attorney representing my former employer. The letter laid out grievances including libel and defamation against me and threatened to file a civil complaint against me in my county of residence unless I agreed to a series of demands by a date shortly in the future. The letter contained false information about me including how much I was over paid, equipment in my possession which they claim to have provided upon signing my employment agreement, and a demand to remove source code from the Internet. I have already written the law firm a reply, without having consulted a lawyer, which reads something like:

Re: Company X and Your Letter of Date X

Dear Mr. Lawyer X:

I am in receipt of your letter referenced above.

I am vigilant about my rights and mindful of my obligation to respect the rights of others. As such I have initiated an investigation and evaluation of the claims asserted in your letter and will respond substantively as soon as I am able to complete that process. In the interim, it would assist me in my evaluation of your claims if you would provide me with X and Y.

Sincerely,

Me​

My first concern that the owner of company X (I will call him owner X) said he wants to make me homeless by paying his lawyers whatever it takes to ruin me. He wants me to waste my money paying legal fees from now until who knows when. My second concern is that both owner X lives out of the country, the business is incorporated out of the country, and owner X and has no problem making false statements through his lawyer. I have bank statements which clearly disprove his payment claims and he actually skipped out on paying me 2 months of salary. I have proof of payment for equipment from both my personal bank account and the original retailer which his lawyer now demands I return. And with regards to the source code they demand I take down, it isn't online and hasn't been online for since shortly after owner X officially terminated me, and as such their demand that I must remove it cannot be met. I can't remove now what was already removed months ago.

Additionally, I have a mountain of evidence that owner X was hacking into computers of American business who opposed him, including chat logs and screenshots he sent me while breaking into their servers. Owner X was also involved in building a network for evading enforcement of the law to benefit the unlawful activities of his customers. The source code I leaked online, for oh so briefly, was the part of the software they wrote use to block legal entities from detecting their customer's illegal activity.

I've already contacted federal law enforcement with a whole package of evidence, but the investigation doesn't seem like it will go anywhere unless a person or business who was injured by company X pushes the federal investigator. When I informed the investigator of the recent cease and desist letter he basically said there is no federal investigation and I am on my own.

I have emails, chat logs, screenshots, bank statements, receipts, scripts, and a 10+ million records database of illegal activity on their network all of which prove their claims are false, with exception to the fact that I did post some source code online where it remained for maybe one or two days at the most before owner X had it taken down.

What should I do next? I think I should write a letter to Lawyer X explaining all the evidence I have, but feel like I don't want to mess it up with my presentation or wording. I also resist hiring a lawyer as it could be costly, I don't have that much in funds, and bleeding me dry in legal fees is exactly what owner X is trying to accomplish. What's to stop him from continuing to send me threats of civil complaints and making more false statements?
 
Last edited:


TigerD

Senior Member
A country that most people have never heard of. I don't want to name it because doing so would almost certainly identify me. I can say this, the country is tiny.
He's a Nigerian prince, isn't he.

It's a scam. I'm telling ya, it's a scam.

DC
 

codeguy

Junior Member
He's a Nigerian prince, isn't he.

It's a scam. I'm telling ya, it's a scam.

DC
Could we please keep this discussion serious and respectful? The company in question is top in the top 10 of their market. They also incorporated in a country specifically picked for legal protection. No one with the company actually lives there. I only took the job because I wanted a software development job where I could work from home and take care of my 80 year old mother who is recovering (hopefully) from a recent stroke.
 
Last edited:

TigerD

Senior Member
Could we please keep this discussion serious and respectful? The company in question is top in the top 10 of their market. They also incorporated in a country specifically picked for legal protection. No one with the company actually lives there. I only took the job because I wanted a software development job where I could work from home and take care of my 80 year old mother who is recovering (hopefully) from a recent stroke.
No. Quincy asked a critical question for any valid answer.

You state the country was picked for its legal protections. You have a legal question. The nation-state in question would seem to exceedingly important to the issue.

Secondly, really - you are that important that naming an insignificant country with questionable connections to your shady business deal would identify you?

DC
 

LdiJ

Senior Member
No. Quincy asked a critical question for any valid answer.

You state the country was picked for its legal protections. You have a legal question. The nation-state in question would seem to exceedingly important to the issue.

Secondly, really - you are that important that naming an insignificant country with questionable connections to your shady business deal would identify you?

DC
I actually don't blame the OP for being careful. However the fact that he needs to be that careful (whether its really necessary or not) does mean that an internet message forum is NOT the place for him to be getting advice.
 

codeguy

Junior Member
I suggest you contact IC3 with the information.
Thank you for the suggestion.The front page of the IC3 website states they are "For victims of Internet crime, IC3 provides a convenient and easy-to-use way to alert authorities of suspected violations". I'm not sure if my position currently constitutes as victim yet. Additionally, the IC3 seems to coordinate with the FBI, and so far the FBI doesn't seem interested in the opening a case in the arena which the crimes are involved unless they receive complaints from victims. The actual victims are businesses who've I've already contacted. Unfortunately the legal executives or department of the businesses (victims) I've contacted tell me they concerned with the policy sphere (enacting laws in the government) rather than getting involved with law enforcement.

I think I may contact a report at magazine at the top of this industry. If an established and respected journalist could shine a light on the issues of businesses like company X, then maybe someone important at at the victim businesses will take notice and ask law enforcement to intervene.
 

quincy

Senior Member
Thank you for the suggestion.The front page of the IC3 website states they are "For victims of Internet crime, IC3 provides a convenient and easy-to-use way to alert authorities of suspected violations". I'm not sure if my position currently constitutes as victim yet. Additionally, the IC3 seems to coordinate with the FBI, and so far the FBI doesn't seem interested in the opening a case in the arena which the crimes are involved unless they receive complaints from victims. The actual victims are businesses who've I've already contacted. Unfortunately the legal executives or department of the businesses (victims) I've contacted tell me they concerned with the policy sphere (enacting laws in the government) rather than getting involved with law enforcement.

I think I may contact a report at magazine at the top of this industry. If an established and respected journalist could shine a light on the issues of businesses like company X, then maybe someone important at at the victim businesses will take notice and ask law enforcement to intervene.
It does not sound as if IC3 will be interested in your complaint if you already contacted the FBI and the FBI said the government has no interest in investigating the company.

I also doubt that any "established and respected journalist" will want to investigate an out-of-country business if the FBI does not consider the company a concern, and if no in-country business has complained or is concerned enough to report the matter themselves (and, if the in-country businesses are attempting to cover-up their own illegal activities, it is highly unlikely they consider themselves "victims" of the company helping them do this).

If, as you say, X and X's business operate from a tiny country that no one has ever heard of, X and his business would need to sue you in Florida for any suit to be effective. The company cannot compel you to travel to this tiny country. So it does not appear you have anything in the way of a lawsuit to worry about.

That said, you can contact an attorney in Florida if you want to relieve any anxiety you may feel over the cease and desist notice you received, and the threats of a lawsuit. You could also display for the attorney the 10+ million records database of illegal activity that you have, to see if there is anything there that might interest anyone.

Good luck.

(as a note: I am pretty good in geography and have probably heard of, and could locate on a map, the tiny country involved)
 

codeguy

Junior Member
If, as you say, X and X's business operate from a tiny country that no one has ever heard of, X and his business would need to sue you in Florida for any suit to be effective.
"threatened to file a civil complaint against me in my county of residence"

A question came to my mind. Since company X is a tiny country most people haven't heard of, and owner X is in yet another country, what skin do they have in the game? I mean, if I were to somehow attach a counter suit for either legal compensation or other penalty attached, it would be fruitless as there would be no way for a counter suit in my county to effect them in any way. How do courts deal with this, where one side bears all the risks and the other can abuse the court system free of any risk (other than having to pay their lawyer)?
 
Last edited:

quincy

Senior Member
"threatened to file a civil complaint against me in my county of residence"

A question came to my mind. Since company X is a tiny country most people haven't heard of, and owner X is in yet another country, what skin do they have in the game? I mean, if I were to somehow attach a counter suit for either legal compensation or other penalty attached, it would be fruitless as there would be no way for a counter suit in my county to effect them in any way. How do courtd deal with this, where one side bears all the risks and the other can abuse the court system free of any risk (other than having to pay their lawyer)?
I doubt if it will come to a lawsuit, not if the company is based in another country and not if the company is involved in illegal activities. The costs to them of a suit would be too great.

This is assuming that all you have said of this company is true.

Without details (like the country in question) it is impossible to advise you further. I suggest you contact an attorney in Florida if you are worried (and, admittedly, getting a notice such as the one you received would be worrisome to most). The attorney you see can provide you with guidance after a personal review of the facts of this company's operation, your former role in it, and the laws that may apply.

Good luck, codeguy.
 

codeguy

Junior Member
Quincy, thank you for your replies. This week I will ask some lawyers in my area what they would recommend (I will to give them my initial post in the form of a letter with my name and the countries filled in), and ask them how much it would cost per hour for their guidance.
 

quincy

Senior Member
Quincy, thank you for your replies. This week I will ask some lawyers in my area what they would recommend (I will to give them my initial post in the form of a letter with my name and the countries filled in), and ask them how much it would cost per hour for their guidance.
Sounds like a plan. :)

Good luck.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top