Real Estate Con Man Phoenix Arizona
How to Recover from Fraud in Arizona
Posted on September 6, 2023 in dishonest lawyersIntroduction:
Fraud is a crime that can have a devastating impact on its victims. If you have been the victim of fraud, you may be wondering how you can recover your losses. This blog post will discuss the legal options available to you in Arizona and how to get started with the recovery process.
The first step in recovering from fraud is to understand the type of fraud you have been victim of. There are many different types of fraud, including identity theft, credit card fraud, investment fraud, and insurance fraud. Once you know the type of fraud you have been victim of, you can start to research your legal options.
In Arizona, there are a number of laws that protect consumers from fraud. These laws can help you recover your losses, including:
- The Arizona Consumer Fraud Act: This law prohibits businesses from engaging in unfair or deceptive practices.
- The Arizona False Claims Act: This law allows individuals to sue businesses that have defrauded the government.
- The Arizona Uniform Fraudulent Transfer Act: This law allows creditors to recover assets that have been transferred by a debtor in order to defraud them.
In addition to these laws, you may also be able to recover your losses through civil lawsuits. If you have been the victim of fraud, you should consult with an experienced attorney to discuss your legal options.
What to do if you are a victim of fraud: If you believe you have been the victim of fraud, there are a few things you should do:
- Report the fraud to the authorities. This could be the police, the Federal Trade Commission (FTC), or another relevant agency.
- Gather evidence of the fraud. This could include documents, emails, or other records.
- Contact your bank or credit card company. They may be able to help you cancel fraudulent transactions and protect your account.
- Contact your insurance company. If you have lost money or property due to fraud, you may be able to file a claim with your insurance company.
- Consider hiring an attorney. An attorney can help you navigate the legal system and recover your losses.
- There are a number of things you can do to prevent fraud, such as:
- Be careful about giving out your personal information. Only give out your personal information to reputable companies and organizations.
- Be wary of unsolicited emails and phone calls. These are often scams.
- Keep your software up to date. Software updates often include security patches that can help protect you from fraud.
- Use strong passwords and change them regularly.
- Be careful about what you click on. Phishing emails and websites often contain links that can lead to malicious websites.
Conclusion:
Recovering from fraud can be a long and difficult process, but it is important to remember that you are not alone. There are laws in place to protect you and there are attorneys who can help you get justice. If you have been the victim of fraud, please do not hesitate to reach out for help.
Don’t let a real estate dispute ruin your life. Get help from a Phoenix real estate litigation lawyer today. A good lawyer can help you get the justice you deserve. Contact Bill today by calling 602-319-6899 to ensure your legal needs are conducted with confidence and legal clarity. Some of the issues covered under trial work and business law that our firm regularly handles involve:
Breach of contract, Non-compete agreements, Non-disclosure agreements, Employee theft and embezzlement, Insurance purchases and enforcement of policy coverage, Negotiation and/or enforcement of commercial leases, Negligence and gross negligence resulting in losses, Intentional acts causing a company to suffer damages, Tortious interference with contractual relationships, Unjust enrichment, Real Estate fraud, Consumer fraud, Conversion/Theft, Intentional and/or negligent misrepresentation, Business torts and Real estate title & escrow.
Contract Law in Arizona
Posted on December 7, 2020 in Arizona Law Regarding Business DisputesArizona Supreme Court recently ruled that contractual time limits on lawsuits do not apply to a third party just because the third party is “closely related” to the contracting party. A link to the opinion is found below.
By way of background, a corporation hired an accounting firm. The fee agreement contained a limitations provision, requiring that any claim against the accounting firm for its work be filed within two years after the audit. This is despite a six-year Statute of Limitations (SOL) in Arizona. In Arizona, you can contract away your SOL rights.
Three years after the audit, the corporation (closely held) sued the accounting firm for its work. The accounting firm defended that the suit was barred by the limitations provision in the fee agreement. The president and sole shareholder was not a party to the fee agreement, nor was he a signatory since the corporation’s CFO had signed for the corporation.
The trial Judge applied the fee agreement limitations because the president and sole shareholder was “closely related” to the corporation. The court of appeals affirmed.
The Arizona Supreme Court reversed. Stating that some courts in other States have applied contract provisions to third parties who are “closely related” to contracting parties, the Court rejected the doctrine in this case, for several reasons:
1) Arizona law distinguishes between corporations and individuals who act on their behalf. Applying contract provisions to “closely related” third parties would tend to void this distinction.
2) Applying the contract provision to a third party would have a particularly harsh result: barring a lawsuit entirely.
3) Arizona law already recognizes other ways to apply contract provisions to third parties, such as incorporation by reference, assumption, agency, piercing the corporate veil, equitable estoppel, and third-party beneficiary theories.
Over the last 33 years, we have filed scores of claims for common law fraud, RICO, AZRAC, and fraudulent schemes. We have defended and prosecuted cases involving contract breaches too.
In a case like JTF Holdings, there was no fraud alleged. It was just two folks fighting over money. Common law fraud involves a dispute between two people or business entities. It almost always comes from a contractual relationship that went bad or an investment scheme. Unlike criminal fraud cases in which the defendant can go to prison if convicted, in a civil fraud case, the judgment will only be for money. There is strict liability for many types of investment frauds. Lawyers often threaten jail in a civil fraud case, but it never happens. These types of threats border on extortion. The AG, Police or FBI will seldom get involved in a civil dispute where individuals are alleging fraud.
There are thousands of small closely held limited liability companies in Arizona. If you need help sorting out your rights and what the current law is, feel free to give Bill Miller, a call at 602-319-6899.
We also handle, Breach of contract, Non-compete agreements, Non-disclosure agreements, Employee theft and embezzlement, Insurance purchases and enforcement of policy coverage, Negotiation and/or enforcement of commercial leases, Negligence and gross negligence resulting in losses, Intentional acts causing a company to suffer damages, Tortious interference with contractual relationships, Unjust enrichment, Real Estate fraud, Consumer fraud, Conversion/Theft, Intentional and/or negligent misrepresentation, Business torts and Real estate title and escrow.
JTF Aviation Holdings Inc. v. CliftonLarsonAllen LLP
BLM Postpone Meeting Regarding Wild Horses
Posted on March 17, 2018 in Arizona Law Regarding Business DisputesThe Law Firm of William A. Miller in Scottsdale, Arizona was recently called upon to represent the Wild Horse Campaign and the Cloud Foundation. These nonprofits, dedicated to the preservation of wild horses in America, needed help with an illegally noticed meeting concerning an Advisory Group for the Bureau of Land Management and the Department of Interior. We had litigated with these Governmental entities back in 2015, with a similar problem, and eventually came to resolve. The recent postponement is summarized in http://elkodaily.com/news/state-and-regional/blm-forced-to-postpone-horse-meeting/article_ebd619b8-0ada-59d7-81cc-eeca173a12ef.html.
We remain committed to the campaign to save these iconic wild horses. Feel free to call Bill Miller 602-319-6899.
Key dates in Arizona Appeals
Posted on May 25, 2016 in Arizona Law Regarding Business and Real EstateCivil cases are almost always complicated and require experienced lawyers. This goes from the initial intake, through discovery, to trial and to post judgment wrangling. For instance, in Arizona, a passenger injured while in a taxi sued the taxi company for damages related to the injuries. A Maricopa County jury awarded the passenger $700,000. Not…
Read MoreArbitration is Changing the Game
Posted on November 2, 2015 in Arizona Law Regarding Business and Real EstateArbitration is changing the legal game. Be on your guard if you are faced with this. When Dr. Pierce accused her medical group of permitting sexual harassment she was forced to arbitrate in place of the filing a lawsuit. Presiding over the case was not a judge but a corporate lawyer, Mr. Kalogredis. When Dr….
Read MoreBill Collector Gone Bad
Posted on July 29, 2015 in Arizona Law Regarding Business and Real EstateAraceli King, a claims specialist from Texas, isn’t a man named Luiz. The distinction is clear. Yet, cable bill collectors, who were under the mistaken impression that she was another person and wouldn’t stop calling her about a late payment. Even after she got on the phone with a representative and explained to them that…
Read MoreTitle Insurance Matters
Posted on July 21, 2015 in Arizona Law Regarding Business and Real EstateBack in late 2013, we closely follow a title dispute where, First American issued title insurance policies for two parcels for which Johnson Bank was the lender. After the purchase, the owners of the land discovered undisclosed covenants, conditions, and restrictions (“CC&Rs”), which prevented development. After the owners defaulted, Johnson Bank foreclosed and made claims…
Read MoreInternet Law and Yelp vs. the Better Business Bureau
Posted on May 18, 2015 in Arizona Law Regarding Business and Real EstateWe have a massive case against the Better Business Bureau pending on behalf of a contractor who feels the BBB is “pay for play’. The case can be found in Maricopa County Superior Court at CV 2013-007803. Our case will be set for trial soon. Yet, Virginia’s highest court ruled on Thursday that Yelp doesn’t…
Read MoreThe Mortgage Debt Relief Act of 2007
Posted on January 14, 2015 in Arizona Law Regarding Business DisputesThe Mortgage Debt Relief Act of 2007 provided for no income tax to a borrower on any deficiency after a foreclosure or a short sale of a mortgage used to purchase a home, or make improvements to the home. The Act expired December 31, 2013. They used to call these taxable events phantom income. Here’s…
Read MoreComplex Litigation
Posted on September 19, 2014 in Arizona Law Regarding Business DisputesTalk about complex litigation. We represent a company who has been tossed into a longstanding CERCLA case in California. The Leach Site and the Mouren-Laurens Site are in Compton, California. These sites have been the subject of hardball litigation between the owners and operators for almost 17 years. The plaintiff in that case, Rev. 973…
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