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Illegal to operate business w/o proper credentials?

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Sliced

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

Hello, all. I have a question pertaining to the legality of owning and operating a business by using false credentials.

Let me give an introduction. I am a member of a large online community of mixed martial arts enthusiasts. About seven months ago, we discovered a Brazilian Jiu-Jitsu school that was being run by a man named Dave Lang, who claimed to be a black belt in Brazilian Jiu-Jitsu and Judo. It was obvious to us, as practitioners, that Mr. Lang had nowhere near the skill level needed to obtain a black belt, and an investigation was launched.

During the investigation, it was discovered that Mr. Lang did not hold a black belt in either Brazilian Jiu Jitsu or Judo, had faked his certificates, and had been teaching using false credentials for quite some time. While the school was shut down, he has started up teaching again.

I see this as fraud, but I'm curious as to what specific crime is being committed here, if any. Could he be arrested for teaching martial arts under false pretenses because it places the students at great risk of bodily harm? I would GREATLY appreciate any answers and what section of the law this is relevant to. Thank you in advance for the answers.
 


LdiJ

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

Hello, all. I have a question pertaining to the legality of owning and operating a business by using false credentials.

Let me give an introduction. I am a member of a large online community of mixed martial arts enthusiasts. About seven months ago, we discovered a Brazilian Jiu-Jitsu school that was being run by a man named Dave Lang, who claimed to be a black belt in Brazilian Jiu-Jitsu and Judo. It was obvious to us, as practitioners, that Mr. Lang had nowhere near the skill level needed to obtain a black belt, and an investigation was launched.

During the investigation, it was discovered that Mr. Lang did not hold a black belt in either Brazilian Jiu Jitsu or Judo, had faked his certificates, and had been teaching using false credentials for quite some time. While the school was shut down, he has started up teaching again.

I see this as fraud, but I'm curious as to what specific crime is being committed here, if any. Could he be arrested for teaching martial arts under false pretenses because it places the students at great risk of bodily harm? I would GREATLY appreciate any answers and what section of the law this is relevant to. Thank you in advance for the answers.
You stated that he is teaching in Brazil? If so, that is not a US law matter.
 

tranquility

Senior Member
There is no legal definition of what a "black belt" is. Heck, I hereby declare I am a black belt today. It goes with the shoes. Tomorrow, maybe brown.

Unless the person is claiming credentials from a specific source which did not, in fact, issue them to the person, there is nothing which can be done.

If there is a false claim of specific credentials, there are three paths. The credentialing agency deals with the IP issues of the person using their name. The state determines the students are being defrauded and do a criminal complaint. (Not going to happen on facts like this.) Or, finally, a student of the person sues him for an intentional misrepresentation that he materially relied upon which caused damages. Absent an injury directly related to the lack of certification, damages will be hard to prove, thus leaving the credentialing agency the only ones who could realistically act.
 

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