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Attorney turned in fraudulent documentation

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jillhorn

Junior Member
What is the name of your state? CA

I entered into an arbitration with a contractor. The contractor and his attorney delivered false testimony as well as false documentation. The most glaring example is fake W2s for employees of the contractor. (1) the contractor had no employees and was certified by the CSLB that he had no employees, and that he carried no workmen's comp for employees. (2) he submitted the fake W2s to prove that it was ok for his employee to be a non-licensed electrician, which is why my electricity is out of code. (3) he also submitted fake W2s to inflate $s paid to his employees. The accountant that filled in the fake W2s doesn't exist. Is it possible to go after the contractor's attorney for submitting false documentation which resulted in a reduced award to us. If so, how?
 


stephenk

Senior Member
what was the result of the arbitration? Did you bring up the issue of the false documents at the arbitration? If no, why not?
 

jillhorn

Junior Member
lawyer faked documents

I did not bring up the false documents because they were turned in after the arbitration hearing. The arbitrator told us to turn in the last documentation that we had within 1 week, and we did. The atty turned in the false W2s.
I know they are false and that the atty knows they are false because
1) it was an accountant found by the attorney that ginned up the fake W2s
2) the attorney stated in his fax to the AAA that he blanked out the social security numbers of the workers to protect them. The workers were illegal immigrants/relatives of our contractor and I know they do not have social security numbers.
3) the contractor definately did not pay taxes on these employees nor did he carry workmen's comp.
 

stephenk

Senior Member
"The accountant that filled in the fake W2s doesn't exist."

"it was an accountant found by the attorney that ginned up the fake W2s"

So does the accountant exist or not?

Again, what was the result of the arbitration? did your attorney submit a brief to the arbitrator regarding the false documents?
 

jillhorn

Junior Member
Attorney Fraudulent Documents

The supposed accountant who created the W2s does not exist.
I can not find him in the phone book nor via any accounting organizations nor via the paper the W2s were submitted on. The lawyer has some sort of relationship with an immigration law firm, I am betting that they have a stable of professionals such as accountants that they call on to craft documents as needed. Again, he may be a real accountant, but I sure couldn't find him, and if he is real, and really made W2s, I am sure the contractor didn't turn them in or pay taxes

I had no attorney, we represented ourselves, we believed that pictures, inspector reports and quotes from tradesmen for repairs would be sufficient and that we would get the money needed for repairs.

Repair estimates totalled $46k, we were awarded $16k. The contractor lied during the arbitration, and as they go you're not allowed to challenge. I believe we were given only $16k because of the lies, fake time cards (which during the arbitration they finally agreed were "real" but the activities tied to them may not be what they wrote on them as activities performed) and fraudulent W2s.

I am scheduled to have our arbitration award confirmed as I can not afford to go through the process again even though it was fraught with lies (If I could have afforded an attorney the first time I would have).

During the award confirmation should I ask the award to be confirmed but for the record turn in the W2s?
Should I file a complaint with the california state bar?
What else can be done?
 

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