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rthenter1212

Convicted criminally but acquitted in civil court next steps?

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Thank you for taking the time to read this.  all infomation is public info that anyone can access.  If you would like to see docs that i mention please let me know and i can setup a secure way for you to view them.  

 

My collage/friend signed a plea agreement in a federal criminal case in the Southern District of Texas.

 

She is currently severing a 78 month sentience. After her public defender convenced her to take a plea snice she could not afford the discovery.  Keep in mind the victim worth about 60 million.  She also was ordered to pay the victim 1.3 million back which she lost her house to him.   

 

The alleged victim filed a civil suit against the criminal defendant and Whitney National Bank.  The case is filed in the 24th circuit court of Jefferson Parish Louisiana.  Well Whitney did a full discovery.  The victim is order to provide a list of fraudulent charges.  Well the list has none of the original charges that where used in the criminal indictment.  Matter a fact the discovery show the checks that he claimed where fraud in the criminal case as being authorized by himself.  The alleged victim and his CFO even admit in court transcripts they are authorized checks paid to defendant.  

Also the discovery show the victim in his email to defendant.  " Please attach a copy of my signature to this document"  Which she would all the time as part of her job.  

 

The civil case is dismissed by Summery Judgement and the victim appeal was denied by the Louisiana appeals court.

So my question is this.  The victim made false statements in the criminal case i believe that can be proven.  The defendant give up her right to appeal.  Is it possible to go after the victim in civil court for Defamation and slander.  Do to him providing false statements to both the FBI and criminal court?

 

I understand on the criminal side we could file Heabus Corpus.  But we cant find an attorney willing to get involved for under 100K.  She  mother making 50k a year and we just dont have that kind of money.  Plus her savings and home has already been taken by the alleged victim.  

 

I was thinking a civil case would cost much less plus if the defendant where to lose she has nothing left to take.  

I have copies of all the discovery from the civil case.  The criminal case has mostly been sealed.  

My relation to this case is as followed..  I own a Information Technology company and the victim was a client of mine from 2009 to 2013.  I handle all servers and Files etc..  I have no confidentiality agreement with alleged victim.  

Thank You

Jonathan 

Edited by Findlaw_FN

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Nothing that was alleged during the civil lawsuit can be used as a basis for another legal action.  The litigation privilege provides immunity from defamation claims for statements made in court filings.  The time to challenge any statements made to the FBI involving the criminal case was at trial in that criminal case.  She pled, admitting guilt and the facts as alleged are deemed to be true.

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Giving up one's right to appeal in a plea bargain doesn't necessarily mean that she can't appeal anyway.

 

She can seek to overturn the criminal conviction, possibly due to ineffective counsel or some other grounds.

 

She's just going to have to come up with a big barrel full of money to hire a good criminal appeals lawyer.

 

No guarantees, of course.

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My collage/friend signed a plea agreement

 

"Collage/friend"???  Huh?

 

 

 

The victim made false statements in the criminal case i believe that can be proven.  The defendant give up her right to appeal.  Is it possible to go after the victim in civil court for Defamation and slander.  Do to him providing false statements to both the FBI and criminal court?

 

What does "go after" mean?  If you're asking whether the criminal can sue the victim, sure.  Anyone can sue anyone for anything.  If you're asking for an evaluate of the merits of the case, you haven't provided much relevant information.  A defamation claim is viable where the defendant makes a false statement of fact (not an opinion) about the plaintiff and that statement is "published" to at least one person other than the plaintiff.  The statement must have a tendency to damage the plaintiff's reputation and, depending on the particulars, the plaintiff may have to prove actual damages resulting from the statement.  Statements made in the context of criminal proceedings or civil litigation are typically privileged against defamation claims.  Needless to say, that the criminal took a plea bargain will make any defamation claim difficult or impossible because her admission to the crime may have encompassed the statements that you claim to have been untrue.

 

 

 

I understand on the criminal side we could file Heabus Corpus.

 

We???  As far as I can tell, this has nothing to do with you (other than your acquaintance with the criminal).

 

 

 

her savings and home has already been taken by the alleged victim.

 

It's not "alleged" anymore.  Your friend admitted to the crime when she took the plea bargain.

 

 

 

I was thinking a civil case would cost much less [than a civil case].

 

That's highly unlikely.

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Nothing that was alleged during the civil lawsuit can be used as a basis for another legal action.  The litigation privilege provides immunity from defamation claims for statements made in court filings.  The time to challenge any statements made to the FBI involving the criminal case was at trial in that criminal case.  She pled, admitting guilt and the facts as alleged are deemed to be true.

Even if the facts came out after she already been convicted?  

 

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Also want to add one part that i can now prove.  


There an appeal right now for ineffective public defender.  She was told if she did the plea there she would get serve no jail time and just serve probation.  (Cant prove that)  But she was also in the ICU the day before and we have 2 doctors who wrote documents to the court about her not being in a sane state of mind due to the fact she was having reactions to a depression medication that altered her mental state.  I have the letters.

 

What i am asking is there no way to get her freedom without spending 100k plus which is not available?

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is there no way to get her freedom without spending 100k plus which is not available?

 

You're free to search for attorneys willing to charge less than that or who will take enough of an interest in the case that they're willing to do it pro bono.  Obviously, however, finding someone willing to work for nothing is hard and could be impossible.  Otherwise, your friend will have to proceed without an attorney and do it herself.

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